Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Olivaylle Pty Ltd v Flottweg GMBH & Co KGAA (No 7) [2011] FCA 689 Citation: Olivaylle Pty Ltd v Flottweg GMBH & Co KGAA (No 7) [2011] FCA 689
Parties: OLIVAYLLE PTY LTD (ACN 080 670 640) (ADMINISTRATORS APPOINTED) v FLOTTWEG AG (FORMERLY FLOTTWEG GMBH & CO KGAA) (ABN 95 101 547 424)
File number: SAD 261 of 2006
Judge: LOGAN J
Date of judgment: 17 June 2011
Catchwords: COSTS – claim against non-party – unsuccessful party in administration and unable to meet substantial costs order – non-party played active part in litigation and failure to settle the matter – non-party is director and controlling shareholder of the applicant – respondent twice sought security for costs unsuccessfully – where non-party misrepresented to the Court the true liabilities of the unsuccessful party – jointly against unsuccessful party and non-party
Legislation: Corporations Act 2001 (Cth) s 1335, Pt 5.3A Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules (Cth) O 62 r 4(2)(c)
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