Federal Court of Australia
Federal Court of Australia
Windsor Family Assets Pty Ltd v Green Day Energy Pty Ltd (Administrators Appointed) (No 2) [2024] FCA 412 File number: QUD 416 of 2023
Judgment of: DERRINGTON J
Date of judgment: 24 April 2024
Catchwords: COSTS – application for indemnity costs – hopeless defence which had no chance of success – defendant must have known that defences lacked credibility – indemnity costs awarded
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 S.H.A. Premier Constructions Pty Ltd v Niclin Constructions Pty Ltd (No 2) [2020] QSC 323 Spacorp Australia Pty Ltd v Fitzgerald (2001) 19 ACLC 979 Windsor Family Assets Pty Ltd v Green Day Energy Pty Ltd (Administrators Appointed) [2023] FCA 1651 GE Dal Pont, Law of Costs (LexisNexis, 5th ed, 2021)
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 23
Date of last submissions: 5 February 2024
Date of hearing: Determined on the papers
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