Cribb (Liquidator) v Jackson [2019] FCA 1632

FEDERAL COURT OF AUSTRALIA

Cribb (Liquidator) v Jackson [2019] FCA 1632 File number: WAD 153 of 2018

Judge: COLVIN J

Date of judgment: 2 October 2019

Catchwords: PRACTICE AND PROCEDURE - application to vary the time for payment of costs under a prior costs order made on the discontinuance of the defendant's cross-claim - where costs orders on the discontinuance were not made payable forthwith - where costs orders were interlocutory and could be varied - orders varying costs orders made

Legislation: Federal Court (Corporations) Rules 2000 (Cth) Federal Court Rules 2011 (Cth) rr 26.14, 39.02

Cases cited: Mbuzi v AGL Sales Pty Limited [2016] FCA 1313

Date of hearing: 2 October 2019

Registry: Western Australia

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 29

Counsel for the Plaintiffs: Mr PR Edgar

Solicitor for the Plaintiffs: Stacks Law Firm

Counsel for the Defendant: The Defendant appeared in person

ORDERS WAD 153 of 2018

BETWEEN: NEIL RAYMOND CRIBB AS LIQUIDATOR OF WALCOSRA PTY LTD (IN LIQ) (ACN 169 196 687) First Plaintiff

WALCOSRA PTY LTD (IN LIQ) (ACN 169 196 687) Second Plaintiff

AND: KEITH EDWARD JACKSON Defendant

JUDGE: COLVIN J DATE OF ORDER: 2 OCTOBER 2019

THE COURT ORDERS THAT:

1. The order made by McKerracher J on 21 March 2019 that the defendant pay the plaintiffs' costs of the amended cross-claim and of the amended interlocutory application filed by the plaintiffs on 7 March 2019 on a lump sum and indemnity basis be varied to provide for the payment of those costs in any event upon the determination of the application by the plaintiffs in application WAD153/2018. 2. The case management hearing be adjourned until 9.15 am on 16 October 2019. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.