Lamond (No 2) [2017] FCA 548

FEDERAL COURT OF AUSTRALIA

Lamond (No 2) [2017] FCA 548 File number: SAD 333 of 2016

Judge: BESANKO J

Date of judgment: 19 May 2017

Catchwords: COSTS – consideration of an application for costs of and incidental to orders sought in an Urgent application before start of a proceeding – where prospective applicant had sought, but subsequently abandoned, an application for interlocutory relief – whether the question of costs be reserved to the trial judge – whether costs be prospective respondents' costs in the cause – where orders sought unlikely to be obtained in the circumstances. PRACTICE AND PROCEDURE – consideration of an application for winding up on the just and equitable ground – where party contends that the applicant has made the application for a collateral purpose – where party contends that the applicant lacks clean hands – where allegations of misconduct also the subject of another related proceeding sought to be brought on behalf of the company – where winding up application requires consideration of material relevant to the related proceeding – where no authority for submission that a court may determine a lack of clean hands on a prima facie basis – where considerable overlap between the issues in both related proceedings – where both proceedings would require lengthy trials – whether consolidation of proceedings an appropriate course.

Legislation: Corporations Act 2001 (Cth) ss 237, 461, 467, 472 Federal Court Rules 2011 (Cth) r 7.01