Federal Court of Australia
Federal Court of Australia
CIP Group Pty Ltd v So (No 2) [2023] FCA 321 File number: QUD 93 of 2022
Judgment of: DERRINGTON J
Date of judgment: 12 April 2023
Catchwords: COSTS – costs of successful application for leave to bring derivative claim pursuant to s 237 of the Corporations Act 2001 (Cth) – whether successful applicants should recover an order for costs against respondents who vigorously opposed the application – whether applicants should only be entitled to their costs in the cause
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth)
Cases cited: Cassegrain v Gerard Cassegrain and Co Pty Ltd [2008] NSWSC 1159 CIP Group Pty Ltd v So [2022] FCA 1490 Hislop v Paltar Petroleum Ltd (No 3) [2017] FCA 1253 In the matter of Bakers Extra Pty Ltd [2017] NSWSC 1257 In the matter of Carbon Copies Composites Pty Ltd [2022] NSWSC 1762 In the matter of Jimmy's Recipe Pty Ltd [2018] NSWSC 1331 In the matter of Karinya Haulage Pty Ltd [2017] NSWSC 888 In the matter of Ulan Stone Pty Ltd [2020] NSWSC 937 Kidd v Kwek [2022] FCA 1298 Maher v Honeysett & Maher Electrical Contractors Pty Ltd [2005] NSWSC 859 McEvoy v Caplan (2010) 78 ACSR 167 Re Imperium Projects Pty Ltd [2015] NSWSC 123 Redenbach v Legal Practice Management Group Pty Ltd (2018) 125 ACSR 513
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