Federal Court of Australia
Federal Court of Australia
Mentha v Australian Securities and Investments Commission (Costs) [2024] FCA 375 File number(s): VID 200 of 2023
Judgment of: BUTTON J
Date of judgment: 16 April 2024
Catchwords: COSTS – where proceedings dismissed by consent with no hearing on the merits – whether Respondents "in substance surrendered or capitulated" – whether Applicants entitled to costs of the proceeding – whether Respondents' conduct following judgment delivery in related proceedings unreasonable – whether Applicants entitled to indemnity costs – application dismissed
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 15, 16 Corporations Act 2001 (Cth) s 447A, Pt 5.3A, Pt 5.9, Div 1, Sch 2 (Insolvency Practice Schedule (Corporations)) s 90-15 Judiciary Act 1903 (Cth) s 39B
Cases cited: Balanggarra Aboriginal Corporation v State of Western Australia [2018] FCA 1538 FCA US LLC v Mahindra Automotive Australia Pty Ltd [2021] FCA 1091 In the matter of ACN 004 410 833 Ltd (formerly Arrium Limited) (in liq) [2023] NSWSC 461 Mentha v Australian Securities and Investments Commission [2023] FCA 667 Re Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
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