Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Roufeil v Gliderol International Pty Limited (No 2) [2011] FCA 955 Citation: Roufeil v Gliderol International Pty Limited (No 2) [2011] FCA 955
Parties: MARK DAMIAN CHARLES ROUFEIL IN HIS CAPACITY AS LIQUIDATOR OF AUSTECH GARAGE DOOR CENTRE PTY LIMITED (IN LIQ) and AUSTECH GARAGE DOOR CENTRE PTY LIMITED v GLIDEROL INTERNATIONAL PTY LIMITED ACN 007 928 949
File number(s): NSD 1111 of 2010
Judge: JAGOT J
Date of judgment: 16 August 2011
Catchwords: COSTS – entitlement to indemnity costs – Calderbank offers
Cases cited: Calderbank v Calderbank [1975] 3 All ER 333
Date of hearing: 16 August 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 8
Solicitor for the Plaintiffs: Mr B Lum of de Mestre & Company
Counsel for the Defendant: Mr S Reuben
Solicitor for the Defendant: Pitcher Walton Lawyers
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1111 of 2010
BETWEEN: MARK DAMIAN CHARLES ROUFEIL IN HIS CAPACITY AS LIQUIDATOR OF AUSTECH GARAGE DOOR CENTRE PTY LIMITED (IN LIQ)
First Plaintiff
AUSTECH GARAGE DOOR CENTRE PTY LIMITED
Second Plaintiff
AND: GLIDEROL INTERNATIONAL PTY LIMITED ACN 007 928 949
Defendant
JUDGE: JAGOT J DATE OF ORDER: 16 AUGUST 2011 WHERE MADE: SYDNEY
THE COURT:
1. Makes a declaration pursuant to s 588FE of the Corporations Act 2001 (Cth) that the following transactions are voidable: (a) $17,000 made by the second plaintiff to the defendant on 1 February 2008; and (b) $4,700 made by the second plaintiff to the defendant on 27 March 2008. 2. Orders that, pursuant to s 588FF of the Corporations Act 2001 (Cth), the defendant is to pay the plaintiffs the sum of $21,700. 3. Orders that, pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth), the defendant is to pay the plaintiffs interest in the sum of $1,911.08. 4. Orders that the defendant is to pay the plaintiff's costs of the proceeding as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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