Hastie Group Limited (in liq) v Multiplex Constructions Pty Ltd (Formerly Brookfield Multiplex Constructions Pty Ltd) (No 4) [2022] FCA 1575

Federal Court of Australia

Hastie Group Limited (in liq) v Multiplex Constructions Pty Ltd (Formerly Brookfield Multiplex Constructions Pty Ltd) (No 4) [2022] FCA 1575 File number: VID 1277 of 2017 VID 237 of 2022

Judgment of: MIDDLETON J

Date of judgment: 22 December 2022

Catchwords: BANKRUPTCY AND INSOLVENCY – action for debt brought by companies in liquidation and liquidator against numerous respondents – matters of principle common to various claims determined in "liability trial" – orders made reflecting reasons as to liability – refusal of relief sought by applicants under Corporations Act 2001 (Cth) (Corporations Act) Sch 2 s 90-15 – refusal of declaratory relief sought by applicants – dismissal of claims seeking amounts drawn down under bank guarantees or return of bank guarantees – dismissal of claims found to be statute-barred because of limitation period – dismissal of claims no longer pressed by applicants CORPORATIONS –action for debt brought by companies in liquidation and liquidator against numerous respondents – matters of principle common to various claims determined in 'liability trial' – orders made reflecting reasons as to liability – refusal of relief sought at liability trial by liquidator under Corporations Act 2001 (Cth) (Corporations Act) Sch 2 s 90-15 – refusal of declaratory relief sought by applicants – dismissal of claims seeking amounts drawn down under bank guarantees or return of bank guarantees – dismissal of claims found to be statute-barred because of limitation period – dismissal of claims no longer pressed by applicants PRACTICE AND PROCEDURE – declaration sought by applicants – declaration refused – issue subject of sought declaration not pleaded and not a real controversy in dispute PRACTICE AND PROCEDURE – Federal Court of Australia Act 1976 (Cth) s 54A – consideration of referral of questions to a referee – potential necessity for prior determination of evidentiary issues – Kadam v MiiResorts Group 1 Pty Ltd (No 4) (2017) 252 FCR 298; [2017] FCA 1139 considered COSTS – application by respondents for costs forthwith of liability trial and for costs on indemnity basis – submission that applicants' claims in wilful disregard of clearly established law – Calderbank offers or offers of settlement made – held: costs in respect of dismissed claims ordered to be paid forthwith on ordinary basis, with reservation of rights to pursue costs on indemnity basis for respondents who made Calderbank offers or offers of settlement CORPORATIONS – winding up by the court – ss 459A and 467B of Corporations Act – application for order for winding up by the court where company already being wound up voluntarily – stay sought by applicants – held: application dismissed