Federal Court of Australia
Federal Court of Australia
Decon Australia Pty Ltd v TFM Epping Land Pty Ltd (No 4) [2021] FCA 148 File number: NSD 684 of 2020
Judgment of: MCKERRACHER J
Date of judgment: 26 February 2021
Catchwords: COSTS – where companies placed into administration shortly after winding up proceedings commenced by a creditor – where subsequent challenge by the creditor to the administrations was unsuccessful – whether the creditor's costs should be met by the companies
Legislation: Corporations Act 2001 (Cth) s 1335(2)
Cases cited: Bridgecorp Finance Ltd v Sterling Estates Development Corporation Pty Ltd [2006] NSWSC 961 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 Decon Australia Pty Ltd v TFM Epping Land Pty Ltd (No 3) [2021] FCA 147
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 13
Date of last submissions: 16 February 2021
Date of hearing: Determined on the papers
Counsel for the Plaintiff: Mr JC Giles SC with Mr E Ball
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