Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
QNI Resources Pty Ltd, in the matter of Queensland Nickel Pty Ltd (in liquidation) v Queensland Nickel Pty Ltd (in liquidation) [2017] FCA 1594 File number: QUD 322 of 2017
Judge: REEVES J
Date of judgment: 13 September 2017
Catchwords: PRACTICE AND PROCEDURE – application to transfer proceeding to Supreme Court of Queensland pursuant to s 1337H of the Corporations Act 2001 (Cth) granted by consent COSTS – respondents' application for indemnity costs against the applicants for the whole of the proceeding – whether proceeding being commenced in this Court constituted a special or unusual feature – whether the applicants' failure to obtain leave required under s 471 of the Corporations Act 2001 (Cth) to commence the proceeding was a special or unusual feature Held: application for indemnity costs dismissed
Legislation: Corporations Act 2001 (Cth)
Cases cited: Global Realty Development Corporation v Dominion Wines Ltd (in liq) (2005 56 ACSR 474; [2005] NSWSC 1221 Huntingdale Village Pty Ltd (Receivers and Managers Appointed) (ACN 085 048 531), In the matter of Huntingdale Village Pty Ltd (Receivers and Managers Appointed) (ACN 085 048 531) [2009] FCA 1323 In the matter of Webster Consolidated (Holdings) Pty Ltd [2016] NSWSC 378
Date of hearing: 13 September 2017
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