Hoy v RHM Industries Pty Ltd [2023] FCA 115

Federal Court of Australia

Hoy v RHM Industries Pty Ltd [2023] FCA 115 File number: ACD 43 of 2022

Judgment of: JACKMAN J

Date of judgment: 16 February 2023

Catchwords: CORPORATIONS – winding up – winding up in insolvency – where defendant has not rebutted the presumption of insolvency – liquidator appointed PRACTICE AND PROCEDURE – costs – whether non-party director should pay costs of winding up application – where director played an active role in the litigation – where director sought and was granted leave to appear on behalf of the company at the hearing – where director had an interest in the litigation PRACTICE AND PROCEDURE – costs – whether company and non-party director should pay costs on the indemnity basis – where evidence was withdrawn just before the hearing – where plaintiff's solicitors had expended time and resources to answer that evidence

Legislation: Corporations Act 2001 (Cth) ss 95A, 459A, 459C, 459E, 459P, 459R, 466(2), 1335(2) Evidence Act 1995 (Cth) s 91 Federal Court of Australia Act 1976 (Cth) s 43 Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 5 Federal Court Rules 2011 (Cth) r 4.1

Cases cited: Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Consolidated Byrnes Holdings Limited v Hardel Investments Pty Limited (2009) 176 FCR 348 Dunghutti Elders Council (Aboriginal Corporation) RNTBC v Registrar of Aboriginal and Torres Strait Islander Corporations (No 4) (2012) 200 FCR 154 FPM Constructions v Council of the City of Blue Mountains [2005] NSWCA 340 Hoy v Hurst-Meyers (No 2) [2022] ACTSC 58 Hoy v Hurst-Meyers (No 3) [2023] ACTSC 6 Hoy v Hurst-Meyers (No 4) [2023] ACTSC 17 Kalifair Pty Ltd v Digi-Tech (Australia) Limited (2002) 55 NSWLR 737 Kebaro Pty Ltd v Saunders [2003] FCAFC 5 Knight v FP Special Assets Ltd (1992) 174 CLR 178 Vanguard 2017 Pty Limited, in the matter of Modena Properties Pty Limited v Modena Properties Pty Limited (No 2) [2018] FCA 1461