Federal Court of Australia
Federal Court of Australia
Rathner, in the matter of Toddler Kindy Gymbaroo Pty Ltd (no 2) [2022] FCA 683 File numbers: VID 732 of 2021
Judgment of: ANDERSON J
Date of judgment: 10 June 2022
Catchwords: COSTS – where the application was rendered inutile following the execution of a deed of company arrangement – where there has been no adjudication on the merits – where the court cannot try a hypothetical action between the parties – no order as to costs
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth)
Cases cited: Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622
Division: General division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area Corporations and Corporate Insolvency
Number of paragraphs: 13
Date of hearing: Determined on the papers
Counsel for the Plaintiffs: Mr S Freire
Solicitor for the Plaintiffs: Baker Jones
Counsel for the Intervenors: Mr M Gronow QC with Mr A Segal
Solicitor for the Intervenors: Rigby Cooke Lawyers
ORDERS VID 732 of 2021
IN THE MATTER OF TODDLER KINDY GYMBAROO PTY LTD (ADMINISTRATORS APPOINTED) (ACN 006 166 141)
GIDEON RATHNER (IN HIS CAPACITY AS JOINT AND SEVERAL ADMINISTRATOR OF TODDLER KINDY GYMBAROO PTY LTD (ADMINISTRATORS APPOINTED) (ACN 006 166 141) (and others named in the Schedule) First Plaintiff
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