Federal Court of Australia
Federal Court of Australia
Decon Australia Pty Ltd v TFM Epping Land Pty Ltd (No 3) [2021] FCA 147 File number: NSD 817 of 2020
Judgment of: MCKERRACHER J
Date of judgment: 26 February 2021
Catchwords: COSTS – unsuccessful challenge by creditor to the approval of deeds of company arrangement and conduct of the administrators – where administrators seek their costs on a party/party basis – in circumstances where the creditors as a group would bear the costs of the proceeding if no costs order were made – no reason to depart from the ordinary rule
Legislation: Corporations Act 2001 (Cth) s 445D
Cases cited: Decon Australia Pty Ltd v TFM Epping Land Pty Ltd [2020] FCA 1085 Decon Australia Pty Ltd v TFM Epping Land Pty Ltd (No 2) [2021] FCA 32 University of Sydney v Australian Photonics Pty Ltd [2005] NSWSC 412
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 9
Date of last submissions: 5 February 2021
Date of hearing: Determined on the papers
Counsel for the Plaintiff: Mr JC Giles SC with Mr E Ball
Solicitor for the Plaintiff: Piper Alderman
Counsel for the First Defendant: The First Defendant did not appear
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