Federal Court of Australia
Federal Court of Australia
North Shore Property Developments Pty Ltd (in liq) v Haddad [2024] FCA 728 File number: NSD 1047 of 2023
Judgment of: KENNETT J
Date of judgment: 5 July 2024
Catchwords: PRACTICE AND PROCEDURE – application for security for costs – where applicants are liquidator and company in liquidation – where deed of indemnity between liquidator and Deputy Commissioner of Taxation (DCT) as main creditor of company – whether deed of indemnity sufficient to ensure payment in event of adverse costs order against both applicants – whether security for costs order appropriate where liquidator is natural person – consideration of nature of interest of DCT in proceeding – whether timing of application weighs against its grant
Legislation: Corporations Act 2001 (Cth) ss 473, 499, 545, 564, 588FB, 588FDA, 588FF, 1282, 1335 Federal Court of Australia Act 1976 (Cth) s 56 Uniform Civil Procedure Rules 2005 (NSW) rr 42.21, 51.50
Cases cited: All Class Insurance Brokers Pty Ltd (in liq) v Chubb Insurance Australia Ltd [2020] FCA 840 Bell Wholesale Co Ltd v Gates Export Corp (No 2) (1984) 2 FCR 1 Bryan E Fincott P/L v Eretta Pty Ltd (1987) 16 FCR 497 Campbells Cash and Carry Pty Ltd v Fostif Pty Ltd [2006] HCA 41; 229 CLR 386; 229 ALR 58 Cowell v Taylor (1885) 31 Ch D 34 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; 234 CLR 52 Green (as liquidator of Arimco Mining Lty Ltd) v CGU Insurance Ltd [2008] NSWCA 148; 67 ACSR 105 Hession v Century 21 South Pacific Ltd (in liq) (1992) 28 NSWLR 120 Jarbin Pty Ltd v Clutha Ltd (in liq) [2004] NSWSC 28; 180 FLR 393; 208 ALR 242; 22 ACLC 550 Maples v Hughes [2002] NSWSC 617 Melville v Craig Nowlan & Associates Pty Ltd [2002] NSWCA 32; 54 NSWLR 82 Re Strand Wood Co Ltd [1904] 2 Ch 1 Royal v El Ali (No 3) [2016] FCA 1573 Stapleton v Fairfax Media Publications Pty Ltd [2019] FCA 1418 Street v Luna Park Sydney Pty Ltd [2006] NSWSC 1317 Transglobal Capital Pty Ltd v Yolarno Pty Ltd [2004] NSWCA 136; 60 NSWLR 143
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