Taylor (liquidator), in the matter of Heading Contractors Pty Ltd (in liq) v Heading (No 2) [2021] FCA 925

Federal Court of Australia

Taylor (liquidator), in the matter of Heading Contractors Pty Ltd (in liq) v Heading (No 2) [2021] FCA 925 File number: SAD 132 of 2020

Judgment of: CHARLESWORTH J

Date of judgment: 29 July 2021

Catchwords: COSTS – application for costs following determination of a separate question – separate question involving construction of a contract upon which rights and obligations of the third defendant turned – separate question answered adversely to the third defendant except in one respect – answer to separate question requiring all other matters to proceed to trial – whether costs should follow the event of the separate question or be deferred to the conclusion of the proceedings – matters relevant to exercise of the discretion to reserve rather than determine costs in respect of a discrete issue

Legislation: Bankruptcy Act 1966 (Cth) s 153 Federal Court Act 1976 (Cth) s 43 Insurance Contracts Act 1984 (Cth) Federal Court Rules 2011 (Cth) r 40.04

Cases cited: A, DC v Prince Alfred College Inc (No 2) [2016] SASCFC 27 Aussie Airlines Pty Ltd v Australian Airlines Ltd [1997] FCA 502 Austcorp Project No 20 Pty Ltd v LM Investment Management Ltd, in the matter of Bellpac Pty Ltd (receivers and managers appointed) (in liq) (No 2) [2014] FCA 44 Baulderstone Hornibrook Pty Ltd v Qantas Airways Ltd [2003] FCA 325 Clifton v Kerry J Investment Pty Ltd (No 2) (2020) 277 FCR 382 Diakou Nominees P/L (ACN 007 890 673) v Gouger Street P/L (ACN 156 309 116) & Anor (No 2) [2017] SASC 115 Kaboko Mining Limited v Van Heerden (No 3) [2018] FCA 2055 Mastec Australia Pty Ltd v Trident Plastics (SA) Pty Ltd (No 3) [2018] FCA 99 Oshlack v Richmond River Council (1998) 193 CLR 72 Sandini Pty Ltd v Commissioner of Taxation (No 2) [2017] FCA 905 Taylor (liquidator), in the matter of Heading Contractors Pty Ltd (in liq) v Heading [2021] FCA 770