Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Camm v Linke Nominees Pty Ltd (No 4) [2013] FCA 223 Citation: Camm v Linke Nominees Pty Ltd (No 4) [2013] FCA 223
Parties: THE TRUSTEES OF THE PROPERTY OF GARY STIRLING CAMM, A BANKRUPT v LINKE NOMINEES PTY LTD (ACN 005 860 944)
File number: VID 828 of 2009
Judge: TRACEY J
Date of judgment: 15 March 2013
Catchwords: PRACTICE AND PROCEDURE – Failure of respondent to disclose call option deed which would allegedly have affected applicant's conduct of bankruptcy proceeding – application for leave to discontinue proceeding on terms that respondent and/or its solicitor pay costs on indemnity basis – whether indemnity costs can be ordered where no prejudice demonstrated – consideration of principles relevant to costs orders against practitioners – consideration of ss 37M and 37N of Federal Court of Australia Act 1976 (Cth) – application dismissed.
Legislation: Bankruptcy Act 1966 (Cth) – ss 81, 121 Federal Court of Australia Act 1976 (Cth) – ss 37M, 37N Federal Court Rules 1979 – O 15, r 2 Federal Court Rules 2011 - r 20.14, 26.12
Cases cited: Australian Transport Insurance Pty Ltd v Graeme Phillips Road Transport Insurance Pty Ltd (1986) 10 FCR 177 – cited Citrus Queensland Pty Ltd v Sun State Orchards Pty Ltd (No 2) (2006) 155 FCR 1 – referred to McIntosh v Linke Nominees Pty Ltd [2008] QCA 275 at [17] – considered Modra v Victoria (Department of Education and Early Childhood Development and Department of Human Services) (2012) 205 FCR 445 – considered Preston v Preston [1981] 3 WLR 619 – cited Reading Entertainment Australia Pty Ltd v Birch Carroll & Coyle Ltd [2002] FCAFC 109 – cited The Trustees of the Property of Gary Stirling Camm v Linke Nominees Pty Ltd (2010) 190 FCR 193 – cited White Industries (Qld) Pty Ltd v Flower and Hart (a firm) (1998) 156 ALR 169 – considered, followed
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