Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pearce v Gulmohar Pty Ltd (No 2) [2017] FCA 783 File number: QUD 749 of 2013
Judge: RANGIAH J
Date of judgment: 6 July 2017
Catchwords: COSTS – whether costs to be assessed on indemnity or party and party basis
Legislation: Corporations Act 2001 (Cth) ss 477 and 588FF Federal Court Rules 2011 (Cth) r 25
Cases cited: King v Yurisich (No 2) [2007] FCAFC 51 NMFM Property Pty Ltd v Citibank Ltd (No 2) (2001) 109 FCR 77
Date of hearing: 6 July 2017
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 13
Counsel for the Plaintiffs: Mr PD Hay
Solicitor for the Plaintiffs: Bennett & Philp
Counsel for the Defendants: Mr DW Marks QC
Solicitor for the Defendants: Simpson Quinn Lawyers
ORDERS QUD 749 of 2013
BETWEEN: MARK WILLIAM PEARCE AS THE LIQUIDATOR OF GRASS VALLEY FORMULATORS PTY LTD (IN LIQUIDATION) ACN 117 473 579 First Plaintiff
GRASS VALLEY FORMULATORS PTY LTD (IN LIQUIDATION) ACN 117 473 479 Second Plaintiff
AND: GULMOHAR PTY LTD ACN 081 195 459 First Defendant
PALACIMO PTY LTD ACN 081 208 844 Second Defendant
VAUDELL PTY LTD ACN 094 045 824 (and others named in the Schedule) Third Defendant
JUDGE: RANGIAH J DATE OF ORDER: 7 July 2017
THE COURT DECLARES THAT:
1. The fixed and floating charge granted by the second plaintiff to the first defendant on or about 22 May 2009 is void and unenforceable.
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