Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sinergia Construction Project Management Pty Ltd v Clear Interiors Pty Ltd (No 2) [2016] FCA 1308 File number: SAD 182 of 2016
Judge: CHARLESWORTH J
Date of judgment: 7 November 2016
Catchwords: COSTS – application for an order for costs against a non-party — non-party the sole director and sole shareholder of plaintiff company – non-party granted leave to represent plaintiff company – circumstances not sufficient to justify non-party costs order
Legislation: Corporations Act 2001 (Cth), s 459G Federal Court of Australia Act 1976 (Cth), s 43 Federal Court Rules 2011 (Cth), rr 4.01, 4.04, 4.05
Cases cited: Gore v Justice Corporation Pty Ltd (2002) 119 FCR 429 Kebaro Pty Ltd v Saunders [2003] FCAFC 5 Knight v FP Special Assets Limited (1992) 174 CLR 178 Selig v Wealthsure Pty Ltd (2015) 255 CLR 661 Vestris v Cashman (1998) 72 SASR 449 Yates v Boland [2000] FCA 1895
Date of hearing: Determined on the papers
Date of last submissions: 26 October 2016
Registry: South Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 19
Counsel for the Plaintiff: The Plaintiff did not appear
Counsel for the Defendant: The Defendant did not appear
ORDERS SAD 182 of 2016
BETWEEN: SINERGIA CONSTRUCTION PROJECT MANAGEMENT PTY LTD Plaintiff
AND: CLEAR INTERIORS PTY LTD Defendant
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