Federal Court of Australia
Federal Court of Australia
Cussen, in the matter of Monarch Tower Pty Ltd (in liq) v Sinoace Holdings Ltd (No 2) [2024] FCA 1309 File number(s): VID 31 of 2024 VID 32 of 2024 VID 33 of 2024 VID 35 of 2024 VID 410 of 2022
Judgment of: O'CALLAGHAN J
Date of judgment: 13 November 2024
Catchwords: COSTS — where pursuant to s 588FF(3)(b) of the Corporations Act 2001 (Cth) (the Act) the plaintiff liquidator had sought extension of time to bring applications against named respondents under s 588FF(1) of the Act with respect to any voidable transaction involving certain named person and entities — where voidable transaction proceedings filed pursuant to s 588FF(1) on last day before extension of time expired — where voidable transaction proceedings summarily dismissed because, among other things, the liquidator deliberately withheld service of originating processes and affidavits until after expiry of the time provided for in the rules for his own strategic purposes — where respondents sought indemnity costs against liquidator — indemnity costs awarded
Legislation: Corporations Act 2001 (Cth) s 588FF(1), 588FF(3)(b) Federal Court of Australia Act 1976 (Cth) ss 37M, 37N(4), 43 Federal Court (Corporations) Rules 2000 (Cth) r 2.7
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