Camm v Linke Nominees Pty Ltd (No 6) [2016] FCA 95

FEDERAL COURT OF AUSTRALIA

Camm v Linke Nominees Pty Ltd (No 6) [2016] FCA 95 File number: VID 828 of 2009

Judge: TRACEY J

Date of judgment: 19 February 2016

Catchwords: COSTS – appropriate order as to costs – where trustees sought a declaration and orders that the transfer of real property was void against them – where application dismissed – whether respondent's conduct during the course of the trustees' administration warrants departure from normal order as to costs – where both parties failed to fully comply with ss 37M and 37N of the Federal Court of Australia Act 1976 (Cth) – whether respondent entitled to indemnity costs from point at which it was alleged the trustees should have known cause of action "bound to fail"

Legislation: Bankruptcy Act 1966 (Cth) ss 19, 19(1)(f), 19(1)(j), 19AA(1), 30, 32, 54(1), 58(1), 81, 83, 84, 121 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 43

Cases cited: Adsett v Berlouis (1992) 37 FCR 201 – cited Camm v Linke Nominees Pty Ltd [2010] FCA 1148 – cited Camm v Linke Nominees Pty Ltd (No 2) [2010] FCA 1379 – cited Camm v Linke Nominees Pty Ltd (No 4) [2013] FCA 223 – cited Camm v Linke Nominees Pty Ltd (No 5) [2015] FCA 431 – cited Cummings v Lewis (unreported, Federal Court, Wilcox J, 29 May 1992) – cited DSE (Holdings) Pty Ltd v Intertan Inc (2004) 51 ACSR 555 – cited Karounos v Official Trustee (1988) 19 FCR 330 – cited Re Brogden; Billing v Brogden (1888) 38 Ch D 546 – cited Re Skase; Ex parte Donnelly (1992) 37 FCR 509 – cited Ritter v Godfrey [1920] 2 KB 46 – cited Tapp v LawCover Insurance Pty Ltd [2013] FCA 35 – cited