Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Law Company Pty Ltd v Initiative Holdings Pty Ltd [2019] FCA 1561 File number: ACD 14 of 2019
Judge: GRIFFITHS J
Date of judgment: 25 September 2019
Catchwords: COSTS – interlocutory application for indemnity costs against a corporate respondent and its director who is a non-party – where the applicant commenced proceedings to set aside a statutory demand issued by the respondent – where the respondent and its director in issuing the statutory demand acted unreasonably and for an improper purpose – indemnity costs awarded against the respondent and its director jointly and severally
Legislation: Corporations Act 2001 (Cth) ss 459G Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) rr 25.02, 25.05 and 25.14
Cases cited: Calderbank v Calderbank [1975] 2 All ER 333 Chapman v Luminis Pty Ltd [2003] FCAFC 162 Colgate-Palmolive Co v Cussons Pty Ltd [1993] FCA 801; 46 FCR 225 Hooke v Bux Global Limited (No 8) [2019] FCA 671 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Re The Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin [1997] HCA 6; 186 CLR 622 Silver Fox Co Pty Ltd (as trustee for the Baker Family Trust) v Lenard's Pty Ltd (No 3) [2004] FCA 1570; 214 ALR 621 Soudan Lane Pty Ltd v Glen Bradshaw trading as Pacific Coast Digital [2007] NSWSC 772 Vanguard 2017 Pty Ltd; in the matter of Modena Properties Pty Limited v Modena Properties Pty Ltd (No 2) [2018] FCA 1461
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