Pleash, in the matter of Equititrust Limited (In Liquidation) (Receivers and Managers Appointed) (No 4) [2017] FCA 1599

FEDERAL COURT OF AUSTRALIA

Pleash, in the matter of Equititrust Limited (In Liquidation) (Receivers and Managers Appointed) (No 4) [2017] FCA 1599 File number: QUD 944 of 2016

Judge: REEVES J

Date of judgment: 21 December 2017

Catchwords: COSTS – applications for costs of interlocutory applications by applicant and respondent – where interlocutory applications related to examination proceedings under Part 5.9 of the Corporations Act 2001 (Cth) – where interlocutory applications resulted in approximately equal success – whether costs of interlocutory applications should be apportioned – discretion to award costs under s 43 of the Federal Court of Australia Act 1976 (Cth)

Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth)

Cases cited: DSE (Holdings) Pty Ltd v InterTAN Inc (2004) 51 ACSR 555; [2004] FCA 1251 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Pleash, in the matter of Equititrust Limited (In Liquidation) (Receivers and Managers Appointed) (No 2) [2017] FCA 758) Pleash, in the matter of Equititrust Limited (In Liquidation) (Receivers and Managers Appointed) (No 3) [2017] FCA 1074 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229; [2001] FCA 1865 Wu v Li [2015] FCAFC 109 at [56] per Foster, Davies and Rangiah JJ