Federal Court of Australia
Federal Court of Australia
Lewis, in the matter of Gallop International Group Pty Ltd (In Liq) (No 2) [2021] FCA 7 File number: SAD 235 of 2018
Judgment of: BESANKO J
Date of judgment: 18 January 2021
Catchwords: COSTS — application for costs of an Interlocutory application — where Interlocutory application seeks orders for production of evidence relied on to obtain ex parte orders and setting aside of orders made under s 597(9) of the Corporations Act 2001 (Cth) for production of insurance documents — application for production of evidence relied on dealt with first and applicant successful — affidavit produced by respondent — applicant elects not to pursue further orders and application otherwise dismissed — appropriate order as to costs is that there be no order as to costs
Legislation: Corporations Act 2001 (Cth) s 597
Cases cited: Gerah Imports Pty Ltd v Duke Group Ltd (in liq) (1993) 61 SASR 557 Grosvenor Hill (Qld) Pty Ltd v Barber (1994) 48 FCR 301 Lewis, in the matter of Gallop International Group Pty Ltd (in Liq) [2020] FCA 1315
Registry: South Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 7
Date of last submissions: 9 October 2020
Date of hearing: Determined on the papers
Counsel for the Applicants: Mr T Marskell
Solicitor for the Applicants: Roser Lawyers
Counsel for the Respondent: Mr M Hoffmann QC
Solicitor for the Respondent: Johnson Winter & Slattery Lawyers
ORDERS SAD 235 of 2018 IN THE MATTER OF GALLOP INTERNATIONAL GROUP PTY LTD (IN LIQUIDATION) (ACN 147 664 551) MARTIN DAVID LEWIS AS LIQUIDATOR OF GALLOP INTERNATIONAL GROUP PTY LTD (IN LIQUIDATION) Plaintiff
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