Handberg v Chacmol Holdings Pty Ltd (No 2) [2005] FCA 680

FEDERAL COURT OF AUSTRALIA

Handberg v Chacmol Holdings Pty Ltd (No 2) [2005] FCA 680 COSTS – trial of separate questions – administrator of company an applicant – whether costs order should be made against administrator – whether costs should be payable forthwith

Federal Court Rules O 29 r 2, O 62 r 3 Handberg v Chacmol Holdings Pty Ltd [2004] FCA 720 cited Chacmol Holdings Pty Ltd v Handberg [2005] FCAFC 40 cited Re Wilson Lovatt &Sons Ltd [1977] 1 All ER 274 followed Re Speedifix Building Products Pty Ltd (in liq) (1987) 5 ACLC 866 cited Process Engineering Pty Ltd v Derby Meat Processing Co Ltd [1977] WAR 145 cited Knight v FP Special Assets Ltd (1992) 174 CLR 178 applied Hession v Century 21 South Pacific Ltd (in liq) (1992) 28 NSWLR 120 cited Re Strand Wood Co Ltd [1904] 2 Ch 1 cited Metalloy Supplies Ltd (in liq) v MA (UK) Ltd [1997] 1 All ER 418 cited McKellar v Container Terminal Management Services Ltd [1999] FCA 1639 cited GEOFFREY NEILS HANDBERG and AUSTRALIAN RISK ANALYSIS PTY LTD v CHACMOL HOLIDNGS PTY LTD and MATTHEW LEE JOHNSTON (No 2) V458 OF 2004 HEEREY J 31 MAY 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V458 OF 2004

IN THE MATTER OF AUSTRALIAN RISK ANALYSIS PTY LTD (CONTROLLER APPOINTED) (ADMINISTRATOR APPOINTED) (ACN 052 231 937)

BETWEEN: GEOFFREY NIELS HANDBERG (in his capacity as Administrator of Australian Risk Analysis Pty Ltd) and AUSTRALIAN RISK ANALYSIS PTY LTD (CONTROLLER APPOINTED) (ADMINISTRATOR APPOINTED) (ACN 052 231 937)

APPLICANTS

AND: CHACMOL HOLDINGS PTY LTD (ACN 008 605 892) and MATTHEW LEE JOHNSTON

RESPONDENTS

JUDGE: HEEREY J

DATE OF ORDER: 31 MAY 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The applicants pay the respondents' costs of the trial of the separate questions, including the costs of the hearing in relation to such costs. 2. Such costs be taxed and paid forthwith. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.