Federal Court of Australia
Federal Court of Australia
Passey v South American Trading Company Pty Ltd as trustee for the Gardner Family Trust No 4 (No 2) [2022] FCA 537 File number(s): QUD 396 of 2020
Judgment of: DOWNES J
Date of judgment: 11 May 2022
Catchwords: COSTS – assessment of costs in oppression proceeding where claim dismissed – whether appropriate to award costs on indemnity basis – where plaintiff brought proceedings against directors – whether plaintiff acted unreasonably in the conduct of the proceeding – where plaintiff refused formal offers
Legislation: Corporations Act 2001 (Cth) ss 233, 237, 1317H Federal Court of Australia Act 1976 (Cth) s 37N Federal Court Rules 2011 (Cth) rr 25.01, 25.14(2), Pt 25
Cases cited: Anchorage Capital Partners Pty Limited v ACPA Pty Ltd (No 2) [2018] FCAFC 112 Calderbank v Calderbank [1975] 3 All ER 333 Clifton v Kerry J Investment Pty Ltd (No 2) (2020) 277 FCR 382; [2020] FCAFC 112 Colgate-Palmolive v Cussons Pty Limited [1993] FCA 801; (1993) 46 FCR 225 Melbourne City Investments Pty Ltd v Treasury Wine Estates Limited (No 2) [2017] FCAFC 116 Passey v South American Trading Company Pty Ltd as trustee for the Gardner Family Trust No 4 [2022] FCA 295 Wills v Chief Executive Officer of the Australian Skills Quality Authority [2022] FCAFC 43
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
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