Federal Court of Australia
Federal Court of Australia
Ballast Holdings Pty Ltd v Leonite Capital (No 2) [2024] FCA 142 File number: NSD 1107 of 2022 NSD 1108 of 2022
Judgment of: MARKOVIC J
Date of judgment: 29 February 2024
Catchwords: COSTS – application for costs to be paid on an indemnity basis – where defendant persisted in its defence despite defects in creditor's statutory demands – where costs awarded on an indemnity basis –whether s 459N of the Corporations Act 2001 (Cth) provides a power to make costs orders against non-party – where costs not awarded against non-party
Legislation: Corporations Act 2001 (Cth) ss 459G, 459N Federal Court of Australia Act 1976 (Cth) s 43
Cases cited: CBS Commercial Canberra Pty Ltd v AXIS Commercial (ACT) Pty Ltd; In the matter of CBS Commercial Canberra Pty Ltd (No 2) [2022] FCA 687 CGI Information Systems and Management Consultants Pty Ltd v APRA Consulting Ltd (2003) 47 ACSR 100; [2003] NSWSC 728 Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 Oshlack v Richmond River Council (1998) 193 CLR 72 Product People (International) Pty Ltd v Box Seat Company Pty Ltd (in liq) (No 2) [2013] FCA 1437
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