Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sadie Ville Pty Ltd v Deloitte Touche Tohmatsu (A Firm) (No 6) [2019] FCA 132 File number: VID 632 of 2017
Judge: MOSHINSKY J
Date of judgment: 18 February 2019
Catchwords: COSTS – costs in relation to unsuccessful interlocutory application – whether indemnity costs appropriate – whether costs payable forthwith
Legislation: Federal Court Rules 2011, r 40.13
Cases cited: Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International BV (No 5) [2018] FCA 19
Date of hearing: Determined on the papers
Date of last submissions: 7 February 2019
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 7
Counsel for the Applicant: Mr LWL Armstrong QC with Mr AD Pound
Solicitor for the Applicant: Phi Finney McDonald
Counsel for the Respondents: Mr IR Pike SC with Mr A Shearer
Solicitor for the Respondents: Clifford Chance
ORDERS VID 632 of 2017
BETWEEN: SADIE VILLE PTY LTD (ACN 134 578 019) (AS TRUSTEE FOR THE SADIE VILLE SUPERANNUATION FUND) Applicant
AND: DELOITTE TOUCHE TOHMATSU (A FIRM) (ABN 74 490 121 060) First Respondent
DELOITTE CORPORATE FINANCE PTY LIMITED (ACN 003 833 127) Second Respondent
JUDGE: MOSHINSKY J DATE OF ORDER: 18 FEBRUARY 2019
THE COURT ORDERS THAT:
1. The Uninvolved Partners of the first respondent pay the applicant's costs of and incidental to their application for an order that they be excused from complying with the Production Order or that the Production Order be discharged, as agreed or assessed, such costs to be on a party and party basis. 2. There be no order as to costs in relation to the applicant's application for orders as set out in the proposed amended interlocutory application attached to its submissions dated 5 November 2018. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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