Gothard, in the matter of AFG Pty Limited (Receivers and Managers appointed) (in liq) v Davey (No 2) [2011] FCA 59

FEDERAL COURT OF AUSTRALIA

Gothard, in the matter of AFG Pty Limited (Receivers and Managers appointed) (in liq) v Davey (No 2) [2011] FCA 59 Citation: Gothard, in the matter of AFG Pty Limited (Receivers and Managers appointed) (in liq) v Davey (No 2) [2011] FCA 59

Parties: PETER JAMES GOTHARD AND STEVEN JOHN SHERMAN AS RECEIVERS AND MANAGERS OF EACH OF AFG PTY LIMITED (IN LIQ) (ACN 051 982 560), ALLCO FINANCE GROUP LIMITED (IN LIQ) (ACN 077 721 129), ALLCO FINANCE (AUSTRALIA) LIMITED (IN LIQ) (ACN 003 315 446) v STEVEN DAVEY, MICHELLE SEGAERT, IAN GRAYBURN, CHRISTINE BOWEN, TIMOTHY RICH and EVAN GALLAGHER

File number: NSD 256 of 2009

Judge: EDMONDS J

Date of judgment: 10 February 2011

Catchwords: COSTS – motion for costs by successful respondents on indemnity basis – proceedings originally brought by applicants for directions under s 424 of Corporations Act 2001 (Cth) – applicants receivers of property of various companies – respondents joined as such to provide contradictors to proceedings to determine which company or companies employed the respondents – costs payable out of property in the hands or under control of applicants as receivers. Held: Costs to be paid on indemnity basis.

Legislation: Corporations Act 2001 (Cth)

Cases cited: Re TTC (SA) Pty Ltd (in liq) (1983) 32 SASR 532 cited Re GB Nathan & Co Pty Ltd (1991) 24 NSWLR 674 cited Sicree & Anor v Deputy Commissioner of Taxation (Vic) (1980) 32 ALR 307 cited Re Regis Towers Real Estate Pty Ltd [2006] NSWSC 852 cited Bank of New Zealand v Essington Developments Pty Ltd (1991) 5 ACSR 86 cited Re Blackbird Pies (Management) Pty Ltd (No 2) [1970] QWN 14 cited Expo International Pty Ltd (rec and mgr apptd) (in liq) v Chant (No 2) (1980) 5 ACLR 193 cited Re Neander Constructions Pty Ltd (1988) 12 ACLR 775 cited Basis Capital Funds Management Limited v BT Portfolio Securities Ltd (2008) 219 FLR 157 cited Farrow Finance Co Ltd (in Liq) v ANZ Executors and Trustees Co Ltd (1997) 23 ACSR 521 applied Re New Cap Reinsurance Corp Holdings Ltd [2001] NSWSC 1001 cited Re Ansett Australia Ltd [2002] VSC 114 cited Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 applied Re Buckton, Buckton v Buckton [1907] 2 Ch 406 cited Australian Securities and Investments Commission v GDK Financial Solutions Pty Ltd (in liq) (No 4) (2008) 169 FCR 497 cited De Alwis v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 77 cited InterTAN Inc v DSE (Holdings) Pty Ltd [2005] FCAFC 54 cited Oil Basins Limited v The Commonwealth of Australia (1993) 178 CLR 643 cited Australian Securities and Investments Commission v Piggott Wood & Baker (a firm) (No 4) [2008] FCA 1774 cited Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 cited Yanner v Minister for Aboriginal & Torres Strait Islander Affairs (2001) 108 FCR 543 cited Andrews v Barnes (1888) LR 39 ChD 133 cited Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 cited J-Corp Pty Ltd v Australian Builders Labourers Federation Union of Workers (WA Branch) (No 2) (1993) 46 IR 301 cited Ragata Developments Pty Ltd v Westpac Banking Corporation (unreported, Federal Court, 5 March 1993, Davies J) cited