Sheahan v Ren (No 2) [2017] FCA 1188

FEDERAL COURT OF AUSTRALIA

Sheahan v Ren (No 2) [2017] FCA 1188 File number: SAD 302 of 2016

Judge: BESANKO J

Date of judgment: 6 October 2017

Catchwords: PRACTICE AND PROCEDURE – consideration of an application for indemnity costs – where the applicants sought to rely on an offer of compromise under Part 25 of the Federal Court Rules 2011 (Cth) – where the offer of compromise was compliant with the Rules – where service of the offer of compromise was proved.

Legislation: Federal Court Rules 2011 (Cth) r 25.14

Cases cited: Sheahan v Ren [2017] FCA 1163

Date of hearing: 29 September 2017

Registry: South Australia

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 2

Counsel for the Applicants: Mr J Cudmore

Solicitor for the Applicants: Cosoff Cudmore Knox

Counsel for the Respondent: The Respondent did not appear

ORDERS SAD 302 of 2016

BETWEEN: JOHN SHEAHAN AND IAN RUSSELL LOCK AS JOINT AND SEVERAL LIQUIDATORS OF TERRITORY HEAVY INDUSTRIES LIMITED (IN LIQUIDATION) ACN 149 466 142 First Applicant

JOHN SHEAHAN AND IAN RUSSELL LOCK AS JOINT AND SEVERAL LIQUIDATORS OF CASCADE INFRASTRUCTURE PTY LIMITED (IN LIQUIDATION) ACN 147 019 654 Second Applicant

AND: JERRY REN Respondent

JUDGE: BESANKO J DATE OF ORDER: 6 OCTOBER 2017

THE COURT ORDERS THAT:

1. The respondent is to pay the costs of the first applicant and the second applicant of and incidental to these proceedings for the period up to and including 12 December 2016 on a party and party basis, and for the period on and from 13 December 2016 on an indemnity basis. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.