Federal Court of Australia
Federal Court of Australia
Lucky v Ives (Winding Up Application) [2024] FCA 1501 File number: NSD 1147 of 2024
Judgment of: JACKMAN J
Date of judgment: 18 December 2024
Catchwords: COSTS – application for indemnity costs – where applicants sought orders that company be wound up on the just and equitable ground – where it is agreed between the parties that the originating process should be dismissed – where respondents opposition to the winding up was baseless – where first respondent resigned as a director on the afternoon before the hearing – where application for winding up rendered moot upon the making of certain representations by the first respondent's counsel – indemnity costs awarded
Legislation: Corporations Act 2001 (Cth) s 461(1)(k)
Cases cited: Australian Securities Commission v Aust-Home Investments Limited (1993) 44 FCR 194 Chapman v Luminis Pty Ltd [2003] FCAFC 162 Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 In the matter of Amazon Pest Control Pty Ltd [2012] NSWSC 1568 Lamond No 2 [2017] FCA 548 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 Minister for Immigration & Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Ruut v Head (1996) 20 ACSR 160
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
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