Federal Court of Australia
Federal Court of Australia
Gadsden v MacKinnon (Liquidator), in the matter of Allibi Pty Ltd (in liq) (No 2) [2023] FCA 706 File number(s): VID 590 of 2022
Judgment of: O'CALLAGHAN J
Date of judgment: 27 June 2023
Catchwords: COSTS – plaintiffs sought removal of first and second defendants as external administrators on multiple grounds – plaintiffs succeeded on one ground and failed on, or did not press, all others – plaintiffs sought their costs on a lump sum basis – defendants submitted that there be no order for costs or an order apportioning costs – costs apportioned
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) r 40.02)
Cases cited: Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd [1993] FCA 346; (1993) 26 IPR 261 Doppstadt Australia Pty Ltd v Lovick & Sons Developments Pty Ltd (No 2) [2014] NSWCA 219 Gadsden v MacKinnon (Liquidator), in the matter of Allibi Pty Ltd (in liq) [2023] FCA 647
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 12
Date of last submission 22 June 2023
Date of hearing: Determined on the papers
Counsel for the Plaintiffs: MD Wyles KC with L Currie
Solicitor for the Plaintiffs: Hall & Wilcox
Counsel for the Defendants: MJ Galvin KC
Solicitor for the Defendants: FAL Lawyers
ORDERS VID 590 of 2022 IN THE MATTER OF ALLIBI PTY LTD ACN 124 066 717 (IN LIQUIDATION) BETWEEN: JOHN GADSDEN First Plaintiff
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