Equititrust Ltd (In Liq) (Receiver Appointed) (Receivers and Managers Appointed) v Equititrust Ltd (In Liq) (Receiver Appointed) (Receivers and Managers Appointed); In the Matter of Equititrust Ltd (In Liq) (Receiver Appointed) (Receivers and Managers Appointed) (No 2) [2016] FCA 252

FEDERAL COURT OF AUSTRALIA

Equititrust Ltd (In Liq) (Receiver Appointed) (Receivers and Managers Appointed) v Equititrust Ltd (In Liq) (Receiver Appointed) (Receivers and Managers Appointed); In the Matter of Equititrust Ltd (In Liq) (Receiver Appointed) (Receivers and Managers Appointed) (No 2) [2016] FCA 252 File number: NSD 2028 of 2013

Judge: FOSTER J

Date of judgment: 15 March 2016

Catchwords: COSTS – whether the costs of certain interlocutory applications should be paid immediately and prior to the end of the litigation – whether, in all the circumstances, the Court should make a lump sum costs order in respect of the costs of those interlocutory applications

Legislation: Corporations Act 2001 (Cth), s 596B Federal Court of Australia Act 1976 (Cth), s 37M, s 37N Federal Court Rules 2011, r 40.02(b)

Cases cited: Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119 Bitek Pty Ltd v IConnect Pty Ltd (2012) 290 ALR 288 Black & Decker Inc v GMCA Pty Ltd (No 4) [2008] FCA 1737 Dunstan v Human Rights and Equal Opportunity Commission (No 3) [2006] FCA 916 Equititrust Limited (In Liq) (Receiver Appointed) (Receivers and Managers Appointed) v Equititrust Limited (In Liq) (Receiver Appointed) (Receivers and Managers Appointed) [2014] FCA 692, (2014) 13 ABC(NS) 191 Ginos Engineers Pty Ltd v Autodesk Australia Pty Ltd (2008) 249 ALR 371 Playcorp Group of Companies Pty Ltd v Peter Bodum A/S (No 2) [2010] FCA 455 Seven Network Limited v News Limited [2007] FCA 2059 Sony Entertainment (Australia) Ltd v Smith (2005) 215 ALR 788 at 813