Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Scheuer (Trustee) v Endless Solar Corporation Limited (No 2) [2023] FCA 1658 File number(s): VID 187 of 2023
Judgment of: O'BRYAN J
Date of judgment: 21 December 2023
Catchwords: COSTS – where plaintiff successfully obtained interlocutory relief – where subsequent events have rendered a final hearing of the proceeding unnecessary – whether plaintiff should receive his costs of the interlocutory application or the proceeding
Legislation: Corporations Act 2001 (Cth), ss 249F, 249G, 601AB, 601AH
Cases cited: Endless Solar Corporation Limited v Australian Securities and Investments Commission, in the matter of Speedpanel Australia Ltd [2023] FCA 720 Endless Solar Corporation Limited v Australian Securities and Investments Commission, in the matter of Speedpanel Australia Ltd (No 2) [2023] FCA 1290 Scheuer (Trustee) v Endless Solar Corporation Limited [2023] FCA 299
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 23
Date of last submission/s: 1 December 2023
Date of hearing: Determined on the papers
Counsel for the Plaintiff: O Bigos KC with P E Annabell
Solicitors for the Plaintiff: Altus Lawyers
Counsel for the First Respondent: J Rudd
Solicitor for the First Defendant: Quinn Emanuel Urquhart & Sullivan, LLP
ORDERS VID 187 of 2023
BETWEEN: NATHAN JOSEPH (NICK) SCHEUER (IN HIS PERSONAL CAPACITY AND IN HIS CAPACITY AS TRUSTEE OF THE ASHER & WALD TRUST) Plaintiff
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