Federal Court of Australia
Federal Court of Australia
Care A2 Plus Pty Ltd (Receiver Appointed) v The a2 Milk Company Limited [2024] FCA 782 File number: NSD 926 of 2022
Judgment of: ROFE J
Date of judgment: 18 July 2024
Catchwords: PRACTICE AND PROCEDURE – form of orders COSTS – application for costs arising from interlocutory applications to be made payable forthwith – where applicant has failed to comply with orders to pay security for costs – consideration of whether extenuating circumstances were present which warranted departure from the general position under r 40.13 of the Federal Court Rules 2011 (Cth) EVIDENCE – application for party subject to a winding up application in a separate court to provide evidence of that application in present proceeding – consideration of the principles under s 37M of the Federal Court of Australia Act 1976 (Cth) – undertaking given to the Court
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Clipsal Australia Pty Ltd v Clipso Electrical Pty Ltd [2016] FCA 37 Dove v Xmeta Pty Ltd (formerly known as Everforex Financial Pty Ltd) (No 3) [2023] FCA 132 Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International BV (No 5) [2018] FCA 19 Lehrmann v Network Ten Pty Ltd (Costs) [2024] FCA 486 Thunderdome Racetiming & Scoring Pty Ltd v Dorian Industries Pty Ltd (1992) 36 FCR 297
Division: General Division
Registry: New South Wales
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