Federal Court of Australia
SUPREME COURT OF NORFOLK ISLAND
Prechelt, in the matter of Hillcrest Pty Ltd v Hillcrest Pty Ltd (No 3) [2017] NFSC 6 File number: SC 3 of 2016
Judge: BESANKO CJ
Date of judgment: 17 October 2017
Catchwords: COSTS – consideration of an application seeking orders that the directors of a company pay the costs of a winding up application on an indemnity basis – where the directors opposed the application brought by the plaintiff – where the directors were not a party to the proceeding – where the application for winding up was successful – where a director had an interest in the subject of the litigation – where the directors were put on notice that an order for costs would be sought against them.
Legislation: Court Procedures Rules 2006 (ACT) r 1703 Supreme Court Act 1960 (NI) ss 5, 6, 19
Cases cited: Alcantara & Anor v Buildpower Pty Ltd [2010] FMCA 626 Hall v Cadillac Transport Repairs Pty Ltd [2011] FMCA 189 Kleiner v Randall [2006] NFSC 3 Knight and Another v FP Special Assets Limited and Others (1992) 174 CLR 178 Prechelt, in the matter of Hillcrest Pty Ltd v Hillcrest Pty Ltd [2017] NFSC 1 Prechelt, in the matter of Hillcrest Pty Ltd v Hillcrest Pty Ltd (No 2) [2017] NFSC 3
Date of hearing: Determined on the papers
Date of last submissions: 10 July 2017
Category: Catchwords
Number of paragraphs: 37
Counsel for the Plaintiff: Mr N Shaw
Solicitor for the Plaintiff: Shand Taylor Lawyers
Counsel for the Defendant: Mr D Wright
Solicitor for the Defendant: Wills & Bowring Solicitors
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