Federal Court of Australia
Federal Court of Australia
Brooks (liquidator), in the matter of NB Contracting Pty Ltd (in liq) v JAMP Hardware Pty Ltd [2021] FCA 1612 File number(s): TAD 27 of 2020
Judgment of: KERR J
Date of judgment: 20 December 2021
Catchwords: COSTS – liquidator not taking steps to discontinue a proceeding in circumstances where she did not intend to further pursue her claim – proceeding dismissed for want of prosecution – whether change or clarification of law after proceeding commenced a basis for denying liability for costs – liquidator to pay Respondent's costs
Legislation: Corporations Act 2001 (Cth)
Cases cited: Badenoch Integrated Logging Pty Ltd v Bryant in the matter of Gunns Ltd (in liq) (receivers and managers appointed) [2021] FCAFC 64 Morton as Liquidator of MJ Woodman Electrical Contractors Pty Ltd v Metal Manufactures Pty Ltd [2021] FCAFC 228 Re Buena Vista Motors Pty Ltd (in Liq) [1971] 1 NSWLR 72 Riddle v The King [1911] 12 CLR 622
Division: General Division
Registry: Tasmania
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 29
Date of last submission/s: 17 December 2021
Date of hearing: Determined on the papers
Counsel for the Applicant: Ms P Sutherland
Solicitor for the Applicant: Paula Sutherland & Associates
Counsel for the Respondent: Mr R Hudson
Solicitor for the Respondent: Butler McIntyre & Butler
ORDERS TAD 27 of 2020 IN THE MATTER OF NB CONTRACTING PTY LTD (IN LIQUIDATION) ACN 160 507 317
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