Supreme Court - Trial Division

Queensland Nickel Pty Ltd (in liq), Re [2017] QSC 056 (16/7189) Bond J 19 April 2017

Full-text: QSC17-056.pdf

Catchwords

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – INDEMNITY COSTS – POWER TO ORDER – where directions where made setting down a hearing date for an originating application and requiring the filing and serving of material by a group of parties – where one of the parties instead filed an interlocutory application seeking to overturn the directions – where the interlocutory application was dismissed – whether the circumstances warrant an order for indemnity costs

CORPORATIONS – WINDING UP – CONDUCT AND INCIDENTS OF WINDING UP – APPLICATIONS TO COURT FOR DIRECTIONS OR ADVICE – where the liquidators applied for directions under s 479 of the Corporations Act 2001 (Cth) that they would be justified in paying out of funds in the control or possession of the company their remuneration and the costs of bringing the application – where the opposing parties later consented to the liquidators paying out their remuneration – whether a direction should be made that the liquidators’ costs be paid out of the funds

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – PARTIES AND NON-PARTIES – NON-PARTIES GENERALLY – GENERAL PRINCIPLES – where the liquidators applied for directions in relation to remuneration – where two non-parties were heard in opposition to the application – where the liquidators did not originally seek a costs order against the non-parties – whether a costs order should be made against the non-parties