Federal Court of Australia
Federal Court of Australia
Keybridge Capital Limited v WAM Active Limited (No 2) [2024] FCAFC 72 Appeal from: Keybridge Capital Limited v WAM Active Limited [2023] FCA 339
File number(s): VID 347 of 2023
Judgment of: O'CALLAGHAN, HALLEY AND O'SULLIVAN JJ
Date of judgment: 6 June 2024
Catchwords: COSTS – whether costs of unsuccessful appeal should be paid on an indemnity basis
Legislation: Corporations Act 2001 (Cth) s 249F
Cases cited: Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Fox v Percy (2003) 214 CLR 118 Keybridge Capital Limited v WAM Active Limited [2023] FCA 339 Keybridge Capital Limited v WAM Active Limited [2023] FCAFC 194 Warren v Coombes (1979) 142 CLR 531
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 13
Date of last submission/s: 22 December 2023
Date of hearing: Determined on the papers
Counsel for the Appellant: MA Robins KC with LJS Molesworth
Solicitor for the Appellant: Allen and Overy
Counsel for the Respondent: PA Neskovcin KC with SM Hooper
Solicitor for the Respondent: Mills Oakley
ORDERS VID 347 of 2023
BETWEEN: KEYBRIDGE CAPITAL LIMITED (ACN 088 267 190) Appellant AND: WAM ACTIVE LIMITED (ACN 126 420 719) Respondent
order made by: O'CALLAGHAN, HALLEY AND O'SULLIVAN JJ DATE OF ORDER: 6 june 2024
THE COURT ORDERS THAT:
1. The appellant pay the respondent's costs of and incidental to the appeal on an indemnity basis. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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