Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Erskine as liquidator of North Shore Property Developments Pty Ltd (in liq) v 72-74 Gordon Crescent Lane Cove Pty Ltd (No 2) [2019] FCAFC 73 Appeal from: Erskine v 72-74 Gordon Crescent Lane Cove Pty Ltd, in the matter of North Shore Property Developments Pty Ltd (in liq) [2018] FCA 1094
File number(s): NSD 1493 of 2018
Judge(s): JAGOT, GLEESON AND MARKOVIC JJ
Date of judgment: 9 May 2019
Catchwords: COSTS – application to vary costs order – application for indemnity costs – whether it was unreasonable for the appellant to reject the offer to settle
Cases cited: Anchorage Capital Partners Pty Limited v ACPA Pty Ltd (No 2) [2018] FCAFC 112 Brosnan v Katke [2016] FCAFC 156 Calderbank v Calderbank [1975] 3 All ER 333 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) [2005] VSCA 298 House v The King (1936) 55 CLR 499
Date of hearing: Determined on the papers
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 8
Solicitor for the Appellant: Norton Rose Fulbright Australia
Solicitor for the Respondents: Kazi Portolesi Lawyers
ORDERS NSD 1493 of 2018
BETWEEN: ROBYN- LEE ERSKINE AS LIQUIDATOR OF NORTH SHORE PROPERTY DEVELOPMENTS PTY LTD (IN LIQUIDATION)
Appellant
AND: 72-74 GORDON CRESCENT LANE COVE PTY LTD ACN 168 361 662
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