Federal Court of Australia
Federal Court of Australia
Porter Finance Australia Pty Ltd v Trenel Pty Ltd (in liq), in the matter of Trenel Pty Ltd (Administrators Appointed) [2024] FCA 1359 File number: NSD 1007 of 2024
Judgment of: JACKMAN J
Date of judgment: 26 November 2024
Catchwords: COSTS – whether to award costs on the indemnity basis – where defendants capitulated a week before the final hearing – where the unreasonableness in the substantive position taken by the defendants was compounded by the unreasonableness of the defendants in seeking to protract and delay the determination of the proceedings – indemnity costs awarded COSTS – whether to make costs order against liquidators – where conduct of the liquidators caused the proceedings to be commenced – where, to the extent that the liquidators followed legal advice, such advice must have been contrary to common sense and ordinary nations of fairness – costs order made against liquidators
Legislation: Personal Property Securities Act 2009 (Cth) s 123
Cases cited: Adsett v Berlouis (1992) 37 FCR 201 AMC Commercial Cleaning (NSW) Pty Ltd v Coade (No 2) [2013] NSWSC 332 Australian Securities Commission v Aust-Home Investments Limited (1993) 44 FCR 194 Calderbank v Calderbank [1975] 3 All ER 333 Chapman v Luminis Pty Ltd [2003] FCAFC 162 Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 Commissioner of Taxation v Warner (No 2) [2015] FCA 1281; (2015) 244 FCR 498 Lum v MV Developments (Lane Cove) Pty Ltd (in liq) (No 2) [2018] NSWSC 1129 Maylord Equity Management Pty Ltd v ReelTime Media Limited (No 2) [2008] NSWSC 1133 Mead v Watson (as Liquidator for Hypec Electronics) [2005] NSWCA 133; (2005) 23 ACLC 718 ONE.TEL Ltd v Deputy Commissioner of Taxation [2000] FCA 270; (2000) 171 ALR 227 Re Azmac Pty Ltd (in liq) (No 2) [2020] NSWSC 363; (2020) 145 ACSR 443 Re Beddoe; Downes v Cottam [1893] 1 Ch 547 Re Minister for Immigration & Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Silvia v Brodyn Pty Ltd [2007] NSWCA 55; (2007) 25 ACLC 385
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