Morton as Liquidator of MJ Woodman Electrical Contractors Pty Ltd v Metal Manufactures Pty Limited (No 3) [2023] FCA 1618

Federal Court of Australia

Morton as Liquidator of MJ Woodman Electrical Contractors Pty Ltd v Metal Manufactures Pty Limited (No 3) [2023] FCA 1618 File number: QUD 31 of 2021

Judgment of: DERRINGTON J

Date of judgment: 19 December 2023

Catchwords: PRACTICE AND PROCEDURE – interest – award of pre-judgment interest pursuant to Federal Court of Australia Act 1976 (Cth) s 51A – whether interest should accumulate over the period during which a question was reserved for the consideration of the Full Court – where interest on a claim for relief under s 588FF of the Corporations Act 2001 (Cth) is permitted from the date of the liquidator's demand – where the defendant has been in possession of the judgment sum since the date of the demand – no good cause shown to reduce the amount of interest payable PRACTICE AND PROCEDURE – costs – whether proceedings can be characterised as "public interest litigation" so as to affect the Court's exercise of its discretion as to costs – where the proceedings involved an important question of law – where the proceedings were pursued by the parties in their private commercial interests – no reason established to reduce the amount of costs payable PRACTICE AND PROCEDURE – costs – indemnity costs – whether indemnity costs to be awarded pursuant to Federal Court Rules 2011 (Cth) r 25.14(3) – whether rejection of an offer of settlement was reasonable – where the proceedings involved an unsettled question of law – where the plaintiffs' offer of settlement was made early in the proceedings – where the defendant made offers of settlement after the delivery of judgment by the High Court – indemnity costs awarded

Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Proceedings (Costs) Act 1981 (Cth) Federal Court Rules 2011 (Cth)