Federal Court of Australia
Federal Court of Australia
Sands Contracting Pty Ltd v Cant (costs) [2021] FCA 751 File number: WAD 58 of 2021
Judgment of: MCKERRACHER J
Date of judgment: 2 July 2021
Catchwords: COSTS – successful appeal of liquidators' adjudication of creditor's proof of debt – where liquidators are no longer appointed to the company in liquidation and did not contest the appeal – where new evidence adduced was decisive of the appeal
Cases cited: Brodyn Pty Ltd v Dasein Constructions Pty Ltd (No 2) [2005] NSWSC 302 Capocchiano v Young [2013] NSWSC 879 Handberg, in the matter of Greight Pty Ltd (in liq) [2006] FCA 17 Sands Contracting Pty Ltd v Foodcorp (VIC) Pty Ltd [2020] FCA 1274 Sands Contracting Pty Ltd v Foodcorp (VIC) Pty Ltd (No 2) [2020] FCA 1415 Sands Contracting Pty Ltd v Cant [2021] FCA 638 Tanning Research Laboratories Inc v O'Brien [1990] HCA 8; (1990) 169 CLR 332
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 18
Date of last submissions: 18 June 2021 (Plaintiffs) 25 June 2021 (Defendants)
Date of hearing: Determined on the papers
Counsel for the Plaintiffs: Mr A Metaxas
Solicitor for the Plaintiffs: Metaxas Legal
Counsel for the Defendants: Ms D McCredden
Solicitor for the Defendants: White Cleland Pty Ltd
ORDERS WAD 58 of 2021
BETWEEN: SANDS CONTRACTING PTY LTD (ACN 008 711 564), SANDS HOLDINGS PTY LTD (ACN 008 694 915), HECSANDS PTY LTD (ACN 008 748 650), ANTHONY JEROME SANDS, CARMEL JEAN SANDS, KEVIN JOHN SANDS AND LYNNE MARGARET SANDS (IN HER CAPACITY AS EXECUTOR OF THE ESTATE OF THE LATE PETER JAMES SANDS) Plaintiffs
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