Hughes, in the matter of Firepower Operations Pty Ltd (In Liquidation) (No 3) [2010] FCA 141

FEDERAL COURT OF AUSTRALIA

Hughes, in the matter of Firepower Operations Pty Ltd (In Liquidation) (No 3) [2010] FCA 141 Citation: Hughes, in the matter of Firepower Operations Pty Ltd (In Liquidation) (No 3) [2010] FCA 141

Parties: IN THE MATTER OF FIREPOWER OPERATIONS PTY LTD (ACN 112 074 549) (IN LIQUIDATION) BRYAN KEVIN HUGHES AS LIQUIDATOR OF FIREPOWER OPERATIONS PTY LTD (ACN 112 074 549) (IN LIQUIDATION)

File number: WAD 197 of 2009

Judge: SIOPIS J

Date of judgment: 26 February 2010

Catchwords: COSTS – examinee failed to attend Court in answer to an examination summons – whether Court has power to award costs against a non-party in respect of proceeding brought under the Corporations Act 2001 (Cth) – indemnity costs – whether costs are payable forthwith.

Legislation: Corporations Act 2001 (Cth) ss 596A, 1335(2) Federal Court of Australia Act 1976 (Cth) s 43 Federal Court (Corporations) Rules 2000 rr 11.10, 11.10(2)

Cases cited: Hughes, in the matter of Firepower Operations Pty Ltd (In Liquidation) (No 2) [2009] FCA 1457 In the matter of Charles Henry Pty Ltd (In Liquidation): Burness (in his capacity as Liquidator) v Latimer [2005] FCA 343 Crosby and Bryant, in the matter of Australian Motor Finance Limited (Receivers and Managers Appointed) and Australian Motor Finance Corporate Pty Ltd (Receivers and Managers Appointed) [2009] FCA 707 Consolidated Byrnes Holdings Ltd v Hardel Investments Pty Ltd (2009) 176 FCR 348 UTSA Pty Ltd (In liquidation) v Ultra Tune Australia Pty Ltd [1999] 1 VR 204 Re Struthers, Liquidator of Project Management, Architecture and Construction Interior (PACI) Pty Ltd (No 3) (2005) 64 NSWLR 392 Re Wridgemont Display Homes Pty Ltd (1992) 39 FCR 193 Australian Forest Managers Limited (in liq) v Bramley (1996) 65 FCR 13 Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225