Marsden (Liq) v CVS Lane PV Pty Limited, in the matter of Pentridge Village Pty Limited (In Liquidation) (Receiver and Manager Appointed) (Controller Appointed) (No 2) [2018] FCA 921

FEDERAL COURT OF AUSTRALIA

Marsden (Liq) v CVS Lane PV Pty Limited, in the matter of Pentridge Village Pty Limited (In Liquidation) (Receiver and Manager Appointed) (Controller Appointed) (No 2) [2018] FCA 921 File number: NSD 1121 of 2017 NSD 1243 of 2017

Judge: GLEESON J

Date of judgment: 22 June 2018

Catchwords: PRACTICE & PROCEDURE – costs – related proceedings in liquidation – costs ordered in first proceeding as liquidator substantially successful despite directors' opposition – costs ordered in second proceeding as directors' interlocutory application dismissed

Legislation: Corporations Act 2001 s 588FF Federal Court of Australia Act 1976 (Cth) ss 37M, 43 Federal Court Rules 2011 r 26.12

Cases cited: Arnautovic v Nichola [2009] NSWSC 831 Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 219 DSE (Holdings) Pty Ltd v InterTAN Inc (2004) [2004] FCA 1251; 51 ACSR 555 In the Matter of Waterfront Investments Group Pty Ltd (in liq) [2013] NSWSC 1999 Marsden (liquidator) v CVS Lane PV Pty Limited, in the matter of Pentridge Village Pty Limited (in liq) (receiver and manager appointed) (controller appointed) [2018] FCA 102 McCann v Mawson Restructures and Workouts Pty Ltd, in the matter of Walton Construction (Qld) Pty Ltd (In Liq) [2016] FCA 1152 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (No 2) [2014] NSWCA 425 Qantas Airways Ltd v Lustig (No 2) [2015] FCA 782 Re Clarecastle Pty Ltd (in liq) — Kassem (as liquidators of Clarecastle Pty Ltd (in liq)) [2011] NSWSC 1081; (2011) 86 ACSR 145 Re Minister for Immigration & Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Sabah Yazgi v Permanent Custodians Limited (No 2) [2007] NSWCA 306