Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Xat Ky v Australvic Property Management Pty Ltd (No 2) [2007] FCA 1785
COSTS – costs orders against a non-party – discretion to award indemnity costs – entitlement of ASIC as an intervener to costs orders Corporations Act 2001 (Cth), s 466(2) Australian Guarantee Corp Ltd v De Jager [1984] VR 483 applied Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Ltd (1988) 81 ALR 397 applied Knight v FP Special Assets Ltd (1992) 174 CLR 178 applied Symphony Group Plc v Hodgson [1994] QB 179 applied Ugly Tribe Company Pty Ltd v Sikola [2001] VSC 189 applied White Industries (Qld) Pty Ltd v Flower & Hart (a firm) (1998) 156 ALR 169 cited IN THE MATTER OF AUSTRALVIC PROPERTY MANAGEMENT PTY LTD (ACN 113 858 021) XAT KY AND SIV CUNG HENG v AUSTRALVIC PROPERTY MANAGEMENT PTY LTD (ACN 113 858 021) VID 210 OF 2007
MIDDLETON J
22 NOVEMBER 2007
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 210 OF 2007
IN THE MATTER OF AUSTRALVIC PROPERTY MANAGEMENT PTY LTD (ACN 113 858 021) BETWEEN: XAT KY
First Plaintiff
SIV CUNG HENG
Second Plaintiff
AND: AUSTRALVIC PROPERTY MANAGEMENT PTY LTD
(ACN 113 858 021)
Defendant
JUDGE: MIDDLETON J DATE OF ORDER: 22 nOVEMBER 2007
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The plaintiffs' costs of the proceeding (including the hearing before Registrar Mussett) be taxed: (a) on a party/party basis up to and including the hearing of 11 July 2007; (b) thereafter on an indemnity basis of and in connection with the hearings after 11 July 2007, and reimbursed in accordance with s 466(2) of the Corporations Act 2001 (Cth). 2. The plaintiffs be entitled in respect of their costs to be paid out of the security provided pursuant to orders made by the Court on 29 May 2007. 3. ASIC's costs of the proceeding be costs in the winding up and taxed on a party/party basis. 4. Saxbys' costs of the notice of motion filed by Australvic Property Management Pty Ltd on 24 July 2007 and of the notice of motion filed by Saxbys on 28 August 2007 be costs in the winding up and taxed on an indemnity basis. 5. T & G Welding's costs of the proceeding (including the hearing before Registrar Mussett) be costs in the winding up and taxed: (a) on a party/party basis up to and including the hearing of 11 July 2007; (b) thereafter on an indemnity basis of and in connection with the hearings after 11 July 2007. 6. R & A Cab Co Pty Ltd's costs of the proceeding (including the hearing before Registrar Mussett) be costs in the winding up and taxed: (a) on a party/party basis up to and including the hearing of 11 July 2007; (b) thereafter on an indemnity basis of and in connection with the hearings after 11 July 2007. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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