Secatore, in the matter of Last Lap Pty Ltd (in liq) (No 2) [2020] FCA 735

FEDERAL COURT OF AUSTRALIA

Secatore, in the matter of Last Lap Pty Ltd (in liq) (No 2) [2020] FCA 735 File numbers: VID 687 of 2019 VID 1047 of 2019

Judge: ANDERSON J

Date of judgment: 28 May 2020

Date of publication of reasons: 29 May 2020

Catchwords: COSTS – examinee successfully obtained disclosure of liquidator's affidavit in support of issue of summonses for examination – examinee established arguable case that the issue of summonses exceeded court's power – liquidator refused to provide electronic copies of supporting affidavit – whether costs should be reserved pending substantive challenge to summonses – creditor of company in liquidation successfully obtained order for provision of information and documents relating to funding of examinations and subsequent proceedings – whether indemnity costs orders ought be made – whether costs orders should be made against liquidator personally – whether costs orders should be made against non-parties INSOLVENCY – power to obtain inspection of affidavit in support of issue of summons for examination – whether person who obtains entitlement to inspect also has ancillary right to obtain electronic copy – right of indemnification from company assets – whether liquidator is entitled to indemnification from company assets for adverse costs orders Held: liquidator to personally pay costs of applications on a party and party basis – liquidator to personally pay costs of subsequent case management hearing on indemnity basis – liquidator not entitled to indemnification from company assets for adverse costs orders