Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
D.S. Clarke Nominees Pty Ltd v Adder Holdings Pty Ltd [2015] FCA 277 Citation: D.S. Clarke Nominees Pty Ltd v Adder Holdings Pty Ltd [2015] FCA 277
Parties: D.S. CLARKE NOMINEES PTY LTD (ACN 131 023 777) v ADDER HOLDINGS PTY LTD (ACN 009 264 037)
File number: WAD 120 of 2014
Judge: GILMOUR J
Date of judgment: 27 March 2015
Catchwords: COSTS - application for indemnity costs by defendant where plaintiff discontinued proceedings against defendant - winding-up application discontinued - whether proceedings commenced in wilful disregard of known facts - no proper evidentiary foundation - indemnity costs awarded
Legislation: Corporations Act 2001 (Cth) ss 459C(2), 459F, 459G, 459P, 459S Federal Court Rules 2011 (Cth) r 26.12
Cases cited: Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 O'Neill v Mann [2000] FCA 1680 State Bank of New South Wales v Tela Pty Ltd (No 2) (2002) 188 ALR 702
Date of hearing: 5 February 2015
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 48
Counsel for the Plaintiff: Mr TJ Porter
Solicitor for the Plaintiff: Wilson & Atkinson
Counsel for the Defendant: Mr BG Grubb
Solicitor for the Defendant: Metaxas & Hager
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 120 of 2014
BETWEEN: D.S. CLARKE NOMINEES PTY LTD (ACN 131 023 777)
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