Palmer, in the matter of Queensland Nickel Pty Ltd (in liq) v Park (Liquidator) (No 2) [2017] FCA 651

FEDERAL COURT OF AUSTRALIA

Palmer, in the matter of Queensland Nickel Pty Ltd (in liq) v Park (Liquidator) (No 2) [2017] FCA 651 File numbers: QUD 329 of 2016 QUD 580 of 2016

Judge: REEVES J

Date of judgment: 8 June 2017

Catchwords: COSTS – application for indemnity costs – whether "special or unusual features" exist to justify costs awarded on indemnity basis – duties of litigants under ss 37N and 37M of the Federal Court of Australia Act 1976 (Cth) – where a party has failed to conduct proceedings quickly, inexpensively and efficiently – application under r 40.13 of the Federal Court Rules 2011 (Cth) that costs be taxable forthwith – where proceeding relates to the examination of directors of a company under Part 9 of the Corporations Act 2001 (Cth) that will not be finalised by hearing or determination – general power of the Court to award costs under s 43 of the Federal Court of Australia Act 1976 (Cth) Held: application granted

Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: Buggy v Reinisch [2010] FCA 917 Cachia v Hanes (1994) 179 CLR 403 DSE (Holdings) Pty Ltd v InterTan Inc (2004) 51 ACSR 555; [2004] FCA 1251 Latoudis v Casey (1990) 170 CLR 534 Palmer v Ayres (2016) 91 ALJR 325; [2017] HCA 5 Palmer, in the matter of Queensland Nickel Pty Ltd (in liq) v Park (Liquidator) [2017] FCA 618 TSG Franchise Management Pty Ltd v Cigarette & Gift Warehouse (Franchising) Pty Ltd (No 3) [2016] FCA 828