Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australasian Jet Pty Ltd v Air Affairs (Australia) Pty Ltd [2017] FCA 1043 File number: VID 215 of 2017
Judge: O'CALLAGHAN J
Date of judgment: 1 September 2017
Catchwords: COSTS – proceeding to wind up defendant on ground of insolvency – where proceeding relied upon defendant's non-compliance with a statutory demand – where parties agree that the statutory demand was not served on the defendant – where parties agree that the proceeding should be dismissed – whether ordinary rule as to costs should apply
Legislation: Corporations Act 2001 (Cth), ss 459C, 459P, 459S(2) Federal Court Rules 2011 (Cth), r 16.12(7)
Cases cited: Ashby v Slipper [2014] FCA 973 Australian Beverage Distributors Pty Ltd v Evans & Tate Premium Wines Pty Ltd (2007) 69 NSWLR 374 Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87 Fortuna Holdings Pty Ltd v Deputy Commissioner of Taxation [1978] VR 83 Offstage Support Association Inc v Time of My Life Pty Ltd [2011] FCA 378 Re Gladstone Mortgagee No 1 Pty Ltd [2015] NSWSC 1551 Re Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin (1997) 186 CLR 622 640 Esplanade Pty Ltd v Splash Bay Pty Ltd (No 2) [2017] FCA 89
Date of hearing: 28 August 2017
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
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