Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
All Options Pty Ltd v Flightdeck Geelong Pty Ltd (No 2) [2019] FCA 1344 File number: VID 977 of 2016
Judge: STEWARD J
Date of judgment: 23 August 2019
Catchwords: PRACTICE AND PROCEDURE – where respondent was deregistered prior to the trial – where the deregistration was not disclosed to the Court – where deregistration was discovered after publication of reasons – where respondent was reinstated after publication of reasons – whether appropriate for the Court to order relief against the respondent on the statutory fiction that it retained corporate existence at the time of the trial pursuant to s 601AH of the Corporations Act 2001 (Cth) COSTS – where notice of offer to compromise served on the respondents – where offer was not accepted – whether the applicant is entitled to indemnity costs – whether the Court should award costs on a lump sum basis
Legislation: Corporations Act 2001 (Cth) s 601AH Federal Court Rules 2011 (Cth) r 25.14
Cases cited: All Options Pty Ltd v Flightdeck Geelong Pty Ltd [2019] FCA 588
Date of hearing: Determined on the papers
Date of last submissions: 9 August 2019
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 14
Counsel for the Applicant: Mr P Siva
Solicitor for the Applicant HWL Ebsworth
Counsel for the First Respondent: The first respondent did not appear
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