Kraneworx Vertical Management Australia Pty Ltd v DSS Advisory Pty Ltd [2018] FCA 424

FEDERAL COURT OF AUSTRALIA

Kraneworx Vertical Management Australia Pty Ltd v DSS Advisory Pty Ltd [2018] FCA 424 File number(s): NSD 1624 of 2017

Judge(s): FARRELL J

Date of judgment: 29 March 2018

Catchwords: COSTS – application for indemnity costs arising from an application to set aside a statutory demand – where statutory demand based on assignment of debt – statutory demand set aside by consent on day before hearing – application granted

Legislation: Federal Court of Australia Act 1976 (Cth) s 43

Cases cited: Condor Asset Management Ltd v Excelsior Eastern Ltd (2005) 56 ACSR 223; NSWSC 1139 Morad v El-Ashey (No 2) [2017] FCA 1612

Date of hearing: 30 January 2018

Date of last submissions: 14 February 2018

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 21

Counsel for the Plaintiff: Mr D Mackay

Solicitor for the Plaintiff: CorpLegal

Counsel for the Defendant: Mr D Elliott

Solicitor for the Defendant: DSS Law

ORDERS NSD 1624 of 2017

BETWEEN: KRANEWORX VERTICAL MANAGEMENT AUSTRALIA PTY LTD ACN 164 715 815 Plaintiff

AND: DSS ADVISORY PTY LTD ACN 607 269 198 Defendant

JUDGE: FARRELL J DATE OF ORDER: 29 March 2018

THE COURT ORDERS THAT:

1. The defendant must pay the plaintiff's costs on an indemnity basis. 2. To give effect to Order 1 above, the defendant must pay the plaintiff's costs in a lump sum amount of $28,648.90 within 21 days of this order. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.