Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sims v Suda Ltd [2016] FCA 1086 Appeal from: Sims v Suda Ltd [2015] FCCA 2934
File number(s): WAD 627 of 2015
Judge(s): SIOPIS J
Date of judgment: 7 September 2016
Catchwords: CONTRACT – indemnity clause in an executive employment contract – former director unsuccessfully brought a claim against the company of which he was formerly a director – indemnity costs awarded against the former director – whether the indemnity clause operated to indemnify the former director against the indemnity costs order.
Legislation: Australian Consumer Law at Sch 2 to the Competition and Consumer Act 2010 (Cth) s 18 Trade Practices Act 1974 (Cth) s 52 Bankruptcy Act 1966 (Cth) s 40(1)(g) Corporations Act 2001 (Cth) ss 199A(2), 199A(3)
Cases cited: Sims v Suda Ltd (No 2) [2015] FCA 281
Date of hearing: 12 May 2016
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 33
Counsel for the Appellant: The Appellant appeared in person.
Counsel for the Respondent: Mr N Ebbs
Solicitor for the Respondent: Bennett + Co
ORDERS WAD 627 of 2015
BETWEEN: DOUGLAS ARTHUR SIMS Appellant
AND: SUDA LTD (ACN 090 987 250) Respondent
JUDGE: SIOPIS J DATE OF ORDER: 7 SEPTEMBER 2016
THE COURT ORDERS THAT:
1. The appeal is dismissed. 2. The appellant is to pay the respondent's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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