Federal Court of Australia
Federal Court of Australia
Mainland Property Holdings Pty Ltd (Receivers and Managers Appointed) v Naplend Pty Ltd (No 3) [2023] FCA 309 File number(s): VID 192 of 2022
Judgment of: O'CALLAGHAN J
Date of judgment: 4 April 2023
Catchwords: COSTS – where proper administration of justice did not require counsel be restrained from acting – where respondents successfully defended interlocutory application – apportionment not appropriate – no reason that the usual rule that costs follow the event should not apply – where sole director ordered to pay costs of application on ordinary basis – where question of respondents' contractual entitlement to balance of actual costs reserved
Cases cited: Mainland Property Holdings Pty Ltd (Receivers and Managers Appointed) v Naplend Pty Ltd [2022] FCA 1305 Mainland Property Holdings Pty Ltd (Receivers and Managers Appointed) v Naplend Pty Ltd (No 2) [2023] FCA 243
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 19
Date of last submission/s: 27 March 2023
Date of hearing: Determined on the papers
Counsel for the Applicants: Mr P Bick KC with Mr P Donovan
Solicitor for the Applicants: Roberts Gray Lawyers
Counsel for the Respondents: Mr SJ Maiden KC with Ms EN Madalin
Solicitor for the Respondents: Dentons
ORDERS VID 192 of 2022
BETWEEN: MAINLAND PROPERTY HOLDINGS PTY LTD (RECEIVERS AND MANAGERS APPOINTED) ACN 635 667 435 First Applicant
MAINLAND PROPERTY HOLDINGS 2 PTY LTD (RECEIVERS AND MANAGERS APPOINTED) ACN 635 950 113 Second Applicant
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