Ingram, in the matter of 5Star Sinai Limited (administrators appointed) (No 2) [2018] FCA 1047

FEDERAL COURT OF AUSTRALIA

Ingram, in the matter of 5Star Sinai Limited (administrators appointed) (No 2) [2018] FCA 1047 File number(s): NSD 13 of 2018

Judge(s): FARRELL J

Date of judgment: 12 July 2018

Catchwords: PRACTICE AND PROCEDURE – informal application to vary judgment pursuant to r 39.05(c) of the Federal Court Rules 2011 (Cth) – whether interveners under r 2.13 of the Federal Court (Corporations) Rules 2000 were entitled to their costs to be paid as costs of the administration – whether consent of administrators was considered – application dismissed

Legislation: Corporations Act 2001 (Cth) ss 563A, 600H, 766C Federal Court of Australia Act 1976 (Cth) s 43 Insurance Act 1973 (Cth) s 116 Federal Court (Corporations) Rules 2000 (Cth) r 2.13 Federal Court Rules 2011 (Cth) rr 39.04, 39.05

Cases cited: Davis v Insolvency and Trustee Services Australia (No 2) (2011) 190 FCR 437; FCAFC 9 Dib Group Pty Ltd v Coolabah Tree Aust-Wide Pty Ltd [2011] FCAFC 57 Fletcher and Barnet, in the matter of Octaviar Ltd (receivers and managers appointed) (in liq) and Octaviar Administration Pty Ltd (in liq) (No 4) [2012] FCA 344 Grimaldi v Chameleon Mining NL (ACN 098 773 785) (No 2); Chameleon Mining NL (ACN 098 773 785) v In the matter of SurfStitch Group Limited [2018] NSWSC 164 Murchison Metals Ltd (ACN 078 257 799) (2012) 87 ACSR 260; FCAFC 6 Re HIH Casualty and General Insurance Ltd (2006) 58 ASCR 1; NSWSC 504 Re HIH Casualty and General Insurance Ltd [2006] NSWSC 6 Re Pan Pharmaceuticals; Selim v McGrath [2004] NSWSC 129 Wentworth v Rogers [2002] NSWSC 921 Wentworth v Wentworth [1999] NSWSC 638