Deputy Commissioner of Taxation v Wellnora Pty Limited (No 2) [2007] FCA 1542

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Wellnora Pty Limited (No 2) [2007] FCA 1542

COSTS – indemnity costs – whether creditor who failed in application to set aside deed of company arrangement (DOCA) should be ordered to pay DOCA administrators' costs on indemnity basis – whether it should have been obvious to creditor that it had lost standing as a creditor to apply for winding up, once operation of DOCA terminated upon exhaustion of DOCA fund – statutory provisions under which order could have been made preserving status of "creditor" even if order had been made setting aside DOCA. Held: indemnity costs not awarded. PRACTICE AND PROCEDURE – costs – indemnity costs – whether creditor who failed in application to set aside deed of company arrangement (DOCA) should be ordered to pay DOCA administrators' costs on indemnity basis – whether it should have been obvious to creditor that it had lost standing as a creditor to apply for winding up, once operation of DOCA terminated upon exhaustion of DOCA fund – statutory provisions under which order could have been made preserving status of "creditor" even if order had been made setting aside DOCA. Held: indemnity costs not awarded. CORPORATIONS – costs – indemnity costs – whether creditor who failed in application to set aside deed of company arrangement (DOCA) should be ordered to pay DOCA administrators' costs on indemnity basis – whether it should have been obvious to creditor that it had lost standing as a creditor to apply for winding up, once operation of DOCA terminated upon exhaustion of DOCA fund – statutory provisions under which order could have been made preserving status of "creditor" even if order had been made setting aside DOCA. Held: indemnity costs not awarded.

Corporations Act 2001 (Cth) ss 445D, 445G, 445H, 447A, 600B, 600E, 1321 Hamod v New South Wales (2002) 188 ALR 659 cited NMFM Property Pty Ltd v Citibank Ltd (No 2) (2000) 109 FCR 77 cited