Cooper as Liquidator of Runtong Investment and Development Pty Ltd (In Liq) v CEG Direct Securities Pty Ltd (Costs) [2024] FCA 120

Federal Court of Australia

Cooper as Liquidator of Runtong Investment and Development Pty Ltd (In Liq) v CEG Direct Securities Pty Ltd (Costs) [2024] FCA 120 File number(s): SAD 119 of 2019

Judgment of: O'SULLIVAN J

Date of judgment: 23 February 2024

Catchwords: COSTS – where defendant ordered to pay the plaintiff a judgment sum in Cooper as Liquidator of Runtong Investment and Development Pty Ltd (In Liq) v CEG Direct Securities Pty Ltd [2024] FCA 6 – where parties unable to agree on interest or costs of substantive proceeding – where plaintiff seeks interest from date liquidators were appointed – whether cause of action arises upon appointment of liquidator – held that plaintiff entitled to pre-judgment interest from date of appointment of liquidator – whether offer made by the plaintiff in relation to costs complied with r 25.01 of the Federal Court Rules 2011 (Cth) – offer valid – orders for interest and costs made

Legislation: Corporations Act 2001 (Cth), ss 588FF(1)(c), 588FF(4) Federal Court of Australia Act 1976 (Cth), s 51A Federal Court Rules 2011 (Cth), rr 25.01, 25.03, 25.14

Cases cited: Aquisite Pty Ltd v Moss (No 2) [2023] FCA 727 Cooper as Liquidator of Runtong Investment and Development Pty Ltd (In Liq) v CEG Direct Securities Pty Ltd [2024] FCA 6 Ferrier & Knight v Civil Aviation Authority [1994] FCA 1019; (1994) 55 FCR 28 Fryer v Powell [2001] SASC 59; (2001) 159 FLR 433 Hamilton v Commonwealth Bank of Australia (No 2) (1992) 10 ACLC Kazar v Kargarian [2011] FCAFC 136; (2011) 197 FCR 113 Maurice Drycleaners Pty Ltd (In Liq) v National Australia Bank Limited (1990) 8 ACLC 798 Smith v Bone (No 2) (2015) 233 FCR 568, [2015] FCA 389 Spedley Securities Ltd (In Liq) v Western United Ltd (In Liq) (No 2) (1992) 10 ACLC 887