Federal Court of Australia
Federal Court of Australia
Mainland Property Holdings Pty Ltd (Receivers and Managers Appointed) v Naplend Pty Ltd (No 5) [2023] FCA 1544 File number(s): VID 192 of 2022
Judgment of: MCELWAINE J
Date of judgment: 7 December 2023
Catchwords: COSTS – application for costs on a solicitor and client basis following dismissal of proceedings – where proceedings caused by a director of a company in receivership – where dismissal due to failure by director to provide security for costs – where solicitor and client costs sought relying on contractual agreement between the parties – where personal costs order sought against the director – applicants to pay the respondents costs on a solicitor and client basis – director to pay portion of respondents' costs reflecting the respondents' party and party entitlement
Cases cited: Chen v Kevin McNamara and Son Pty Ltd (No 2) [2012] VSCA 229 Mainland Property Holdings Pty Ltd (Receivers and Managers Appointed) v Naplend Pty Ltd [2022] FCA 1305 Stuart v Rabobank Australia Ltd (No 2) [2021] FCA 1626
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 16
Date of last submission/s: 6 November 2023 (Respondents) 13 November 2023 (Applicants)
Date of hearing: Determined on the papers
Counsel for the Applicants: Mr MGR Gronow KC with Mr P Donovan
Solicitor for the Applicants: Roberts Gray Lawyers
Counsel for the Respondents: Mr SJ Maiden KC with Ms E Nikou Madalin
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