Lane v Great Northern Developments Pty Ltd [2021] FCA 923

Federal Court of Australia

Lane v Great Northern Developments Pty Ltd [2021] FCA 923 File number(s): NSD 381 of 2021

Judgment of: CHEESEMAN J

Date of judgment: 13 August 2021

Catchwords: COSTS – costs orders in respect of winding up proceedings and interlocutory process where proceedings resolved by consent – Applicant seeks lump sum payment of costs of proceedings – Respondent seeks costs on an indemnity basis for defending winding up proceedings and prosecuting interlocutory application – where parties' conduct before and during the course of the proceedings is relevant to the award of costs – Held: Respondent ordered to pay 75% of the Applicant's costs on a lump sum basis.

Legislation: Federal Court of Australia Act, 1976 (Cth), s 37M Civil Procedure Act 2005 (NSW), s 56

Cases cited: Crosbie v McLachlan [2013] FCA 1101; (2013) 217 FCR 211

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 41

Counsel for the Applicant: A Spencer (written submissions only)

Solicitor for the Applicant: McLean & Associates Solicitors

Counsel for the Respondent: S Brennan (written submissions only)

Solicitor for the Respondent: Christopher M Edwards Solicitors

ORDERS NSD 381 of 2021

BETWEEN: DAEL LANE Applicant

AND: GREAT NORTHERN DEVELOPMENTS PTY LTD ACN 094 805 286 Respondent

order made by: CHEESEMAN J DATE OF ORDER: 13 AUGUST 2021

THE COURT ORDERS THAT:

1. The Respondent pay 75% of the Applicant's costs. 2. Pursuant to rule 40.02 of the Federal Court Rules 2011 (Cth), the Applicant's costs be assessed on a lump sum basis. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.