Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
COSTS – costs orders where liquidator has been removed pursuant to application by creditors - whether liquidator should pay costs where grounds of removal fall short of breach of duty – whether authorities relating to payment of costs in unsuccessfully instituted or defended proceedings by trustees in bankruptcy should apply – liquidator's entitlement to indemnity out of assets of company in liquidation Re Biposo Pty Ltd (1995) 17 ACSR 730 cited Re The Mutual Live Stock Financial and Agency Company Limited (1886) 12 VLR 777 cited Adsett v Berlouis (1992) 37 FCR 201 considered and applied Simon Alexander Wallace-Smith and Richard Gell Mansell (In their capacity as the Liquidators of Australasian Investment Corporation Limited (In Liquidation)) v Frederic Boland (Northrop J, unreported, 8 August 1996) considered The Bell Group Ltd v Westpac Banking Corporation (1997) 16 ACLC 65 cited
CITY & SUBURBAN PTY LTD & others v michael john morris smith LIQUIDATOR of conpac (aust) pty limited (in liquidation) & another NG 3027 of 1998 NG 3065 of 1998
judge: Merkel j
date: 31 July 1998
PLACE: melbourne
IN THE FEDERAL COURT OF AUSTRALIA
SYDNEY DISTRICT REGISTRY ng 3027 OF 1998
ng 3065 OF 1998
BETWEEN: CITY & SUBURBAN PTY LTD and others
applicants AND: michael john morris smith LIQUIDATOR of conpac (aust) pty limited (in liquidation) and another
RespondentS
and in the matter of: conpac (aust) pty limited (in liquidation)
ACn 003 483 234 and the corpoRAtions LAW
JUDGE: MERKEL J
DATE OF ORDER: 31 july 1998
WHERE MADE: MELBOURNE
MINUTES OF ORDERS: 1. The Court orders that Michael John Morris Smith pay to the applicants their taxed costs of and incidental to the proceedings numbered NG 3027 of 1998 and NG 3065 of 1998. 2. The Court declares that Michael John Morris Smith is entitled to be indemnified out of the assets of Conpac (Aust) Pty Limited (in liquidation) in respect of his taxed costs of and incidental to the proceeding numbered NG 3065 of 1998 and in respect of one half of the costs he is ordered to pay under paragraph one of these orders. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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