Federal Court of Australia
Federal Court of Australia
Bentley Capital Limited v Keybridge Capital Limited (No 2) [2021] FCA 1318 File number: WAD 475 of 2019
Judgment of: BANKS-SMITH J
Date of judgment: 26 October 2021
Catchwords: COSTS - proceedings to resolve deadlocked board of public company - claim and cross-claim - where two camps of directors - where each camp can properly be regarded as having succeeded and failed in part - where appropriate to have regard to reality of circumstances and common factual and legal matrix - where appropriate that there be no order as to costs - where question of claim to indemnity for costs from company should be deferred
Legislation: Federal Court of Australia Act 1976 (Cth) ss 23, 37M, 43
Cases cited: Bentley Capital Limited v Keybridge Capital Limited [2019] FCA 1675 Clarence City Council v Commonwealth of Australia [2020] FCAFC 134; (2020) 280 FCR 265 GlaxoSmithKline Consumer Healthcare Investments (Ireland) (No 2) Limited v Generic Partners Pty Limited (No 2) [2018] FCAFC 100 Hughes v Western Australian Cricket Association (Inc) [1986] ATPR 40-748 Oshlack v Richmond River Council (1998) 193 CLR 72 Queensland North Australia Pty Ltd v Takeovers Panel (No 2) [2015] FCAFC 128; (2015) 236 FCR 370 Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229 The State of Victoria v Sportsbet Pty Ltd (No 2) [2012] FCAFC 174 Umoona Tjutagku Health Service Aboriginal Corporation v Walsh [2019] FCAFC 32; (2019) 268 FCR 401
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