Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Preston, in the matter of Sandalwood Properties Ltd (No 2) [2018] FCA 816 File number: WAD 103 of 2018
Judge: COLVIN J
Date of judgment: 1 June 2018
Catchwords: COSTS - where intervener opposed application by receivers for directions by way of judicial advice under s 424 of the Corporations Act 2001 (Cth) - where directions given, but intervener successful as to contentions regarding the form of directions - principles regarding costs in case of intervention - whether participation was adversarial in character on an application for directions - as proceedings were adversarial, ordinary rule that costs should follow the event applied - costs ordered against the intervener
Legislation: Corporations Act 2001 (Cth) s 424 Federal Court of Australia Act 1976 (Cth) s 43
Cases cited: Ansett Australia Ltd v Ansett Australia Ground Staff Superannuation Plan Pty Ltd [2002] VSC 114 Australian Securities and Investment Commission, in the matter of GDK Financial Solutions Pty Ltd (in liq) v GDK Financial Solutions Pty Ltd (in liq) (No 4) [2008] FCA 858; (2008) 169 FCR 497 BE Australia WD Pty Ltd v Sutton [2011] NSWCA 414 Bredenkamp v Gas Sensing Technology Corporation, in the matter of Welldog Pty Ltd (In Liq) (Receivers and Managers Appointed) (No 2) [2017] FCA 1125 Farrow Finance Co Ltd (in liq) v ANZ Executors & Trustee Co Ltd (1997) 23 ACSR 521 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; (2007) 234 CLR 52 Gothard, in the matter of AFG Pty Ltd (Receivers and Managers Appointed) (in liq) v Davey (No 2) [2011] FCA 59 Kazar (Liquidator) v Kargarian; Re Frontier Architects Pty Ltd (in liq) [2011] FCAFC 136; (2011) 197 FCR 113 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Preston, in the matter of Sandalwood Properties Ltd [2018] FCA 547 Re New Cap Reinsurance Corp Holdings Ltd [2001] NSWSC 1001 White v Huxtable [2006] FCA 559
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