Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nicolai v Indochina Medical Co Pty Ltd, in the matter of Indochina Medical Co Pty Ltd (No 2) [2013] FCA 180 Citation: Nicolai v Indochina Medical Co Pty Ltd, in the matter of Indochina Medical Co Pty Ltd (No 2) [2013] FCA 180
Parties: YVES NICOLAI v INDOCHINA MEDICAL CO PTY LTD (ACN 062 426 153)
File number: NSD 270 of 2012
Judge: YATES J
Date of judgment: 8 March 2013
Catchwords: COSTS – costs of proceeding where there has been no determination on the merits – discontinuance of proceeding to wind up a company in insolvency – starting point for costs under r 26.12(7) of the Federal Court Rules 2011 – whether appropriate in the circumstances to depart from the prima facie position – whether the plaintiff improperly persisted with proceeding despite evidence of the defendant's solvency – whether application for release from implied undertaking was necessary for the plaintiff to secure the defendant's solvency
Legislation: Corporations Act 2001 (Cth) Federal Court Rules 2011
Cases cited: Deputy Commissioner of Taxation v Rhodium Australia Pty Ltd [2011] FCA 988 Lavercombe v Auscott Ltd (2006) 58 ACSR 586 Nicolai v Indochina Medical Co Pty Ltd, in the matter of Indochina Medical Co Pty Ltd [2012] FCA 729 Re Lanaghan Bros Ltd [1977] 1 All ER 265 Re the Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex Parte Lai Qin (1997) 186 CLR 622 Rhodium Australia Pty Ltd v Deputy Commissioner of Taxation [2012] FCAFC 17 Travaglini v Raccuia [2012] FCA 620
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