Australian Forest Managers Ltd v Bramley, R V & Ors [1996] FCA 197

CATCHWORDS COSTS - Court's discretion to order costs against non-party - whether power to order costs against a liquidator of a company where proceeding brought in name of company in liquidation - whether proceeding "under" the Corporations Law - relationship between Federal Court of Australia Act 1976 (Cth) s 43 (2) and Corporations Law s 1335 (2). CORPORATIONS LAW - proceedings "under" the Corporations Law - costs - Court's discretion to order that the costs be borne by such "party" as the Court directs - whether power to order costs against a liquidator of a company where proceeding brought in name of company in liquidation - relationship between s 1335 (2) of the Corporations Law and s 43 of the Federal Court of Australia Act 1976. Corporations (New South Wales) Act, 1990 (NSW) s 42. Corporations Act 1989, s 56. Corporations Law s 1335. Federal Court of Australia Act 1976, s 43. Re Wridgemont Display Homes Pty Ltd (1992) 39 FCR 193 Egankarra Pty Ltd v Vince (1992) 2 ACSR 463 Health & Life Care Ltd v South Australian Asset Management Corporation (1995) 13 ACLC 1148 AUSTRALIAN FOREST MANAGERS LIMITED (IN LIQUIDATION) v ROGER VANET BRAMLEY & ORS No NG 3099 of 1994 Lindgren J Sydney 22 March 1996

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No NG 3099 of 1994 GENERAL DIVISION )

IN THE MATTER OF: AUSTRALIAN FOREST MANAGERS LIMITED (IN LIQUIDATION) AUSTRALIAN COMPANY NO: 003 359 411 BETWEEN: AUSTRALIAN FOREST MANAGERS LIMITED (IN LIQUIDATION) ACN 003 359 411 Applicant AND: ROGER VANET BRAMLEY First Respondent BRIAN ALEXANDER SMIBERT Second Respondent GRAHAM BRADSHAW HOUSTON Third Respondent JENNIFER MARGARET SMIBERT Fourth Respondent

CORAM: Lindgren J PLACE: Sydney DATE: 22 March 1996

MINUTE OF ORDERS THE COURT: 1. (a) Orders that the first and third respondents have leave to file in Court an amended notice of motion. (b) Orders that the amended notice of motion be returnable instanter. (c) Notes that the parties agree that the amended motion is to be determined on the basis of the evidence and submissions on the motion of the first and third respondents brought by notice of motion filed on 16 November 1995. 2. (a) Orders that the second and fourth respondents have leave to file in Court an amended notice of motion. (b) Orders that the notice of motion be returnable instanter. (c) Notes that the parties agree that the amended motion is to be determined on the basis of the evidence and submissions on the motion of the second and fourth respondents brought by notice of motion filed in Court on 6 March 1996. 3. Orders that the proceeding be stood over to Friday 29 March 1996 at 9.30 am for the making of orders, including orders as to costs, in conformity with the Reasons for Judgment of Lindgren J dated 22 March 1996. 4. Directs that the parties provide to the Associate of Lindgren J, by 5.00 pm on Thursday 28 March 1996, an agreed form of short minutes of the orders to be made (including orders to be made as to costs) and if agreement has not by then been reached, the forms of short minutes of the orders for which they will respectively contend and brief outlines of the submissions to be made in support of those respective forms. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.