Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Qualify Me Pty Ltd v Get Qualified Australia Pty Ltd (No 5) [2017] FCA 676 File number: NSD 756 of 2015
Judge: MARKOVIC J
Date of judgment: 20 June 2017
Catchwords: COSTS – application for a lump sum costs order – application that liquidators pay costs personally – where company in liquidation commenced a cross-claim before appointment of liquidators – where liquidators indicated their intention not to pursue the cross-claim – where liquidators declined to enter into consent orders disposing of the cross-claim – whether conduct of liquidators was unreasonable – whether to exercise discretion to make a lump sum costs order
Legislation: Federal Court of Australia Act 1976 (Cth) s 43(3)(d) Federal Court Rules 2011 (Cth) r 40.02
Cases cited: AMC Commercial Cleaning (NSW) Pty Ltd v Stephen Keith Coade & Anor; Rockcliffs Solicitors & IP Lawyers v Schon Condon as liquidator of AMC Commercial Cleaning (NSW) (No 2) [2013] NSWSC 332 JGM Nominees Pty Ltd v Australvic Pty Ltd (in liq) (No. 3) [2010] VSC 623 Lum v M V Developments (Lane Cove) Pty Limited (in liquidation) [2016] NSWSC 1248 Quin v Buchanan, in the matter of Queensland Roads, Earthmoving and Civil Construction Pty Ltd (In Liq) (No 2) [2015] FCA 789 Silvia & Anor v Brodyn Pty Limited (2007) 25 ACLC 385; [2007] NSWCA 55
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