Federal Court of Australia
Federal Court of Australia
Aquisite Pty Ltd v Moss (No 2) [2023] FCA 727 File number(s): VID 1401 of 2019
Judgment of: MCELWAINE J
Date of judgment: 30 June 2023
Catchwords: CORPORATIONS – declaration that first defendant was a director in fact – judgment entered against first and third defendants with pre-judgment interest COSTS – application by plaintiff for indemnity costs against defendants by reason of Calderbank offer – where plaintiff was successful against first and third defendants only – indemnity costs order made against first and third defendants – application by second and fourth defendants for party and party costs –party and party costs order made against plaintiff in favour of second and fourth defendants
Legislation: Federal Court of Australia Act 1976 (Cth) ss 51A, 52
Cases cited: Anchorage Capital Partners Pty Ltd v ACPA Pty Ltd (No 2) [2018] FCAFC 112 BCI Finances Pty Ltd (in liq) v Binetter (No 5) [2017] FCA 1524 Kimber v Clark in his capacity as trustee of the property of Kimber (No 2) [2023] FCAFC 88 Powell & Duncan (Noelex Yachts Aust) v Fryer (2001) 37 ACSR 589; [2001] SASC 59 Re Mike Electric (Aust) Pty Ltd (in liq) (1983) 71 FLR 117 Smith v Bone (No 2) (2015) 233 FCR 568; [2015] FCA 389
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 24
Date of last submissions: 6 June 2023 (Second and Third Defendants) 8 June 2023 (Plaintiff)
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