Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission, in the matter of GDK Financial Solutions Pty Ltd (in liq) v GDK Financial Solutions Pty Ltd (in liq) (No 4) [2008] FCA 858
COSTS – application for costs in advance of trial and irrespective of result – jurisdiction to make pre-emptive costs order – whether order appropriate – principles applied BANKRUPTCY AND INSOLVENCY – application for costs by trustee or liquidators of trustee – proprietary claim to assets of company in liquidation – hostile litigation – applicant granted an order to bring substantive application to defend fund against claim – whether pre-emptive order that costs be paid out of fund appropriate
Aiden Shipping Co Ltd v Interbulk Ltd [1986] AC 965 Alsop Wilkinson (a firm) v Neary [1996] 1 WLR 1220 Australian Securities and Investments Commission, in the matter of GDK Financial Solutions Pty Ltd v GDK Financial Solutions Pty Ltd [2006] FCA 1415 Australian Securities and Investments Commission, in the matter of GDK Financial Solutions Pty Ltd (in liq) v GDK Financial Solutions Pty Ltd (in liq) (No 3) [2008] FCA 448 Beddoe, In re; Downes v Cottam [1893] 1 Ch D 547 Berkett v Cave [2001] 1 NZLR 667 Biddencare Ltd, Re [1993] BCC 757 Bishop of London v College of William and Mary in Virginia [1790] 1 Ves Jun 243 [30 ER 323] British Columbia (Minister of Forests) v Okanagan Indian Band [2003] 3 SCR 371 Buckton, In re; Buckton v Buckton [1907] 2 Ch D 406 Ciro Citterro Menswear PLC, Re; Thakrar v Johal [2002] BPIR 903 Cotterell v Stratton (1872) 8 Ch App 295 How v Earl Winterton (No 4) (1905) 91 LT 763 Jones v Coxeter (1742) 2 Atk 400 [26 ER 642] Jones, In re; Christmas v Jones [1897] 2 Ch D 190 Knight v FP Special Assets Ltd (1992) 174 CLR 178 Llewellin, In re; Llewellin v Williams (1887) 37 Ch D 317 McDonald v Horn [1995] ICR 685 National Anti-Vivisection Society Ltd v Duddington (The Times, 23 November 1989) National Trustees Executors and Agency Company of Australasia Ltd v Barnes (1941) 64 CLR 268 R (Corner House Research) v Secretary of State for Trade and Industry [2005] 1 WLR 2600 Wallersteiner v Moir (No 2) [1975] 1 QB 373 Weth v Attorney-General [2001] WTLR 155 Westdock Realisations Ltd, Re (1988) 4 BCC 192
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