Recent Cases

Sino Group International Limited v Toddler Kindy Gymbaroo Pty Ltd (in liq) (Final Orders) [2023] FCAFC 119 (28 July 2023) (Farrell, Cheeseman and Feutrill JJ)


Catchwords:


COSTS – determination of costs of and incidental to appeal – where appeal allowed – where appellants’ interlocutory application dismissed and costs awarded to respondents – whether to apportion costs of appeal and costs in the court below between respondents on the appeal – whether to carve out costs of an issue on which some respondents were successful in the Court below and that issue was not appealed

CORPORATIONS – whether deed administrators should be deprived of indemnity out of assets of the company for costs they are ordered to pay and their own costs of conducting the proceedings in the Court below and of the appeal – whether issue to be determined under s 43 of the Federal Court of Australia Act 1976 (Cth) and/or s 90-15 of the Insolvency Practice Schedule (Corporations) – where deed of company arrangement (DOCA) contains provision for indemnity

CORPORATIONS – where Court made order terminating DOCA pursuant to s 445D of the Corporations Act 2001 (Cth) on appeal without appointing a liquidator – where deed administrators became liquidators pursuant to s 449D(2D)(b) – where appellants and fourth respondent sought orders appointing different liquidators under s 499(2D) in submissions on costs – where former deed administrators advised of intention to resign as liquidators – whether appeal court had power to appoint liquidators under s 499D(2D) – whether appeal court correct venue for determination of contested applications weeks after order made terminating DOCA