Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Calico Global Pty Ltd (in liquidation) v Calico LLC (No 2) [2020] FCA 648 File number: QUD 854 of 2016
Judge: RARES J
Date of judgment: 27 April 2020
Catchwords: COSTS – Whether court should order costs against non-party company directors where controlling director provided security for costs of appeal – where security insufficient – whether interests of justice require such an order – where directors caused impecunious company to pursue appeal in order to enable controlling director to use result for own commercial benefit – where adverse credit finding made an appeal against two directors – where directors opposed order due to lack of warning of personal costs application and failure of respondent to apply for further security – where each director played active part in the appeal and had an interest in outcome – whether lump sum costs order appropriate
Legislation: Federal Court of Australia Act 1976 (Cth) s 37N Federal Court Rules 2011 (Cth)
Cases cited: Band2Content t/a as Franchise Works v Dalby [2019] NSWCA 16 Gdanski v Palms Court Management Pty Ltd [2017] VSCA 348 Ipex ITG Pty Ltd (in liq) (recs apptd) v Victoria [2014] VSCA 315 Kebaro Pty Ltd v Saunders [2003] FCAFC 5 Knight v FP Special Assets Ltd (1992) 174 CLR 178
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