Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Stone v Melrose Cranes & Rigging Pty Ltd, in the matter of Cardinal Project Services Pty Ltd (in liq) (No 3) [2018] FCA 863 File number: NSD 1320 of 2014
Judge: MARKOVIC J
Date of judgment: 12 June 2018
Catchwords: COSTS – where an order was made for payment of an amount pursuant to s 588FA(1)(a) of the Corporations Act 2001 (Cth) – whether interest should be calculated on the amount payable from the date of the demand for payment by the plaintiffs or from the date of the commencement of the proceeding – whether costs should be awarded on a party and party basis or on an indemnity basis pursuant to r 25.14(3) of the Federal Court Rules 2011 (Cth)
Legislation: Federal Court of Australia Act 1976 (Cth) ss 20A(2)(c)(ii), 37N, 43, 52 Federal Court Rules 2011 (Cth) rr 25, 25.01, 25.02, 25.03, 25.14, 25.14(3)
Cases cited: Capital Finance Australia v Tolcher (2007) 164 FCR 83 Foots v Southern Cross Mine Management Pty Ltd (2007) 234 CLR 52 Kassem and Secatore v Commissioner of Taxation (No 2) [2012] FCA 293 Kazar v Kargarian (2011) 197 FCR 113 Oshlack v Richmond River Council (1998) 193 CLR 72 Re Bruce (1886) 12 VLR 696 Stone v Melrose Cranes & Rigging Pty Ltd, in the matter of Cardinal Project Services Pty Ltd (in liq) [2016] FCA 1113 Stone v Melrose Cranes & Rigging Pty Ltd, in the matter of Cardinal Project Services Pty Ltd (in liq) (No 2) [2018] FCA 530
Date of hearing: Determined on the papers
Date of last submissions: 18 May 2018 (Plaintiff) 8 May 2018 (Defendant)
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