Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Beconwood Securities Pty Ltd v Australia and New Zealand Banking Group Limited (No 2) [2008] FCA 974 CORPORATIONS – company in administration – company is a defendant in hostile litigation – whether plaintiff's costs should be costs in the administration Federal Court of Australia Act 1976 (Cth), s 43 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 Alsop Wilkinson (a firm) v Neary [1996] 1 WLR 1220 Buckton v Buckton, In re Buckton [1907] 2 Ch D 406 Downes v Cottam, In re Beddoe [1893] 1 Ch D 547 In the Matter of the British Airways Pension Schemes [2000] PLR 311 Laws v National Grid Plc [1998] PLR 295 McDonald v Horn [1995] ICR 685 BECONWOOD SECURITIES PTY LTD and BECONWOOD LIMITED v AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED, OPES PRIME STOCKBROKING LTD (RECEIVERS AND MANAGERS APPOINTED) (ADMINISTRATORS APPOINTED), SALVATORE ALGERI, CHRISTOPHER CAMPBELL and ANZ NOMINEES LIMITED
VID 206 of 2008
FINKELSTEIN J
26 JUNE 2008
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 206 of 2008
BETWEEN: BECONWOOD SECURITIES PTY LTD and
BECONWOOD LIMITED
Plaintiffs
AND: AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED,
OPES PRIME STOCKBROKING LTD (RECEIVERS AND MANAGERS APPOINTED) (ADMINISTRATORS APPOINTED),
SALVATORE ALGERI,
CHRISTOPHER CAMPBELL and
ANZ NOMINEES LIMITED
Defendants
JUDGE: FINKELSTEIN J
DATE OF ORDER: 26 JUNE 2008
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The plaintiffs' costs of and incidental to the determination of the separate question raised under O 29 of the Federal Court Rules be costs in the administration of Opes Prime Stockbroking Ltd (receivers and managers appointed) (administrators appointed). 2. The first defendant's costs will be its costs in the cause. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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