Federal Court of Australia
Federal Court of Australia
Garner v Central Innovation Pty Limited [2022] FCA 711 Appeal from: Central Innovation Pty Ltd v Garner (No 4) [2020] FCA 1796
File number(s): NSD 69 of 2021
Judgment of: HALLEY J
Date of judgment: 17 June 2022
Catchwords: PRACTICE AND PROCEDURE – order for costs on appeal to be fixed – funds paid into Court as security for costs be paid to the respondents
Legislation: Bankruptcy Act 1966 (Cth) s 122 Federal Court Act 1976 (Cth) s 25
Cases cited: Central Innovation Pty Ltd v Garner (No 4) [2020] FCA 1796 Commercial Banking Corporation of Sydney Limited v Colonial Financiers of Australia Pty Ltd [1972] VR 702 Garner v Central Innovation Pty Ltd [2022] FCAFC 64
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 11
Date of hearing: The orders were determined on the papers.
Solicitor for the Appellant: AJH Lawyers
Solicitor for the Respondents: SD Commercial Lawyers
ORDERS NSD 69 of 2021
BETWEEN: GARY GARNER Appellant
AND: CENTRAL INNOVATION PTY LIMITED (ACN 123 240 362) First Respondent
INTERCAD PTY LTD (ACN 072 666 016) Second Respondent
order made by: HALLEY J DATE OF ORDER: 17 June 2022
THE COURT ORDERS THAT:
1. The costs of the respondents of the appeal be fixed in the sum of $117,000.00. 2. The appellant's funds in the aggregate sum of $100,000.00 which are currently held by the Federal Court of Australia and which were paid into the Federal Court of Australia to provide for the first respondent's and second respondent's security for costs of this proceeding, be paid to the first respondent and the second respondent by depositing them into their solicitor's trust account, details of which are as follows: Bank: Commonwealth Bank of Australia Ltd Name: SD Commercial Lawyers' law practice trust account BSB: 062 018 Account number: 1049 8710 Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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