Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Trenfield, In the matter of ACN 089 008 668 Pty Ltd (in liq) v JMD Park Pty Ltd (No 2) [2020] FCA 45 File number: QUD 565 of 2017
Judge: DERRINGTON J
Date of judgment: 30 January 2020
Catchwords: COSTS – offers to settle – offer purporting to be made under regime in court rules but not satisfying requirements – whether offer can be considered a "Calderbank" offer – whether any indication that letter was to have a secondary operation if it failed to meet the legislative requirements
Legislation: Corporations Act 2001 (Cth) Federal Court Rules 2011 (Cth) Uniform Civil Procedure Rules 1999 (Qld) Uniform Civil Procedure Rules 2005 (NSW)
Cases cited: Trustee for the Salvation Army (NSW) Property Trust v Becker (No 2) [2007] NSWCA 194 Whitney v Dream Developments Pty Ltd (2013) 84 NSWLR 311 Ziliotto v Hakim [2013] NSWCA 539
Date of hearing: 30 January 2020
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 24
Counsel for the Plaintiffs: Mr P O'Brien
Solicitor for the Plaintiffs: Taylor David
Solicitor for the Defendant: Mr D Jardine of HopgoodGanin
ORDERS QUD 565 of 2017 IN THE MATTER OF ACN 089 008 668 PTY LTD (IN LIQUIDATION) ACN 089 008 668 BETWEEN: KELLY-ANNE TRENFIELD AND JOHN PARK AS JOINT AND SEVERAL LIQUIDATORS OF ACN 089 008 668 PTY LTD (IN LIQUIDATION) ACN 089 08 668 First Plaintiff
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