Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sandalciyan v International Development and Construction Pty Limited [2010] FCA 1145 Citation: Sandalciyan v International Development and Construction Pty Limited [2010] FCA 1145
Parties: ARAM SANDALCIYAN v INTERNATIONAL DEVELOPMENT AND CONSTRUCTION PTY LIMITED (ACN 050 293 608), EDWARD JOHN O'BRIEN, PAUL TOM CUBELIC and NIKOLA VELCIC
File number: VID 276 of 2010
Judge: FOSTER J
Date of judgment: 22 October 2010
Catchwords: CORPORATIONS – whether, in an oppression suit, the plaintiff is entitled to restrain by way of interlocutory injunction the payment of the defendants' legal fees by the corporation in respect of which the plaintiff alleges oppression – relevant principles and discretionary considerations discussed – interlocutory injunction refused COSTS – whether the plaintiff, being the applicant for the appointment of a provisional liquidator to the corporation in respect of which he alleges oppression, should pay the costs of his application for the appointment of a provisional liquidator in circumstances where he abandoned that application – relevant principles and discretionary considerations discussed – application premature – plaintiff ordered to pay the defendants' costs of and incidental to his application PRACTICE AND PROCEDURE – case management – mediation and/or reference to a Court appointed referee – underlying disputes not likely to be resolved by the current proceeding – mediation protocol suggested by the Court
Legislation: Corporations Act 2001 (Cth), ss 127(2), 232, 233(1), 234, 461(1)(e), 461(1)(f), 461(1)(g) and 461(1)(k) Federal Court of Australia Act 1976 (Cth), s 54A
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