Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Morelli (liquidator), in the matter of FW Projects Pty Limited (in liq) v White Hills Pty Limited (No 2) [2024] FCA 955 File number(s): NSD 819 of 2022
Judgment of: HALLEY J
Date of judgment: 23 August 2024
Catchwords: COSTS – application by each party and the intervener for their costs of the proceedings – proceedings commenced by plaintiffs' application to the Court for judicial advice pursuant to s 90-15 and s 90-20 of the Insolvency Practice Schedule (Corporations) in Sch 2 of the Corporations Act 2001 (Cth) in their capacity as liquidators and receivers of company – where defendant and intervener joined proceedings to advance their self interests – where plaintiffs took an adversarial position to advance the interests of unsecured creditors – consideration of r 2.13 of the Federal Court (Corporations) Rules 2000 (Cth) – where issues before the Court were novel and complex – costs of the defendant and the intervener to be paid by the plaintiffs in their capacity as receivers without prejudice to their right of indemnity
Legislation: Corporations Act 2001 (Cth) Sch 2 Federal Court of Australia Act 1976 (Cth) s 21 Federal Court (Corporations) Rules 2000 (Cth) r 2.13
Cases cited: Australian Securities Commission v Melbourne Asset Management Nominees Pty Ltd (receiver and manager appointed) (1994) 49 FCR 334 BE Australia WD Pty Ltd v Sutton (2011) 82 NSWLR 336; [2011] NSWCA 414 Farrow Finance Co Ltd (in liq) v ANZ Executors and Trustee Co Ltd (1997) 23 ACSR 521 Grocon Constructors Pty Ltd v Kimberley Securities Ltd [2009] NSWSC 691 In the matter of Ji Woo International Education Centre Pty Ltd [2019] NSWSC 338 Morelli (liquidator), in the matter of FW Projects Pty Limited (in liq) v White Hills Pty Limited [2024] FCA 789 Preston, in the matter of Sandalwood Properties Ltd (No 2) [2018] FCA 816 Re Pan Pharmaceuticals Ltd v McGrath (2004) 48 ACSR 681; [2004] NSWSC 129
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