Strazdins v DNPW Pty Ltd (No 2) [2014] FCA 199

Strazdins v DNPW Pty Ltd (No 2) [2014] FCA 199

The plaintiffs were granted leave to amend because they had substantially complied with r 9.2 and any further compliance could appropriately be dispensed with, subject to service of the amended originating process on non-appearing objectors. The NT Pubco objectors need not be joined because costs orders could be made against them without joinder. The notices of objection were not dismissed because no legislative power to make that order was identified. The interlocutory process was dismissed because the substantive orders sought would not be made. Costs were limited because the plaintiffs' original application was unnecessary and the interlocutory arguments had mixed cost consequences,...

Jurisdiction
Australia
Judgment Date
12 March 2014
Procedural Posture
Corporations Application for Determination of Administrators' Remuneration / Final Orders on Amendment of Originating Process, Notice Compliance, Interlocutory Process, Costs and Referral to Registrar
Outcome
Leave to amend granted; further r 9.2 compliance dispensed with subject to service on specified objectors; interlocutory process dismissed; limited costs order made; remuneration application referred to Registrar.
Legal Topics
["administrators' Remuneration" 'amendment of Originating Process' 'notice Requirements Under R 9.2' 'dispensation With Procedural Compliance' 'joinder for Costs' 'notices of Objection' 'referral to Registrar']
['corporations' 'civil Procedure' 'costs'] ["administrators' Remuneration" 'amendment of Originating Process' 'notice Requirements Under R 9.2' 'dispensation With Procedural Compliance' 'joinder for Costs' 'notices of Objection' 'referral to Registrar']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Corporations Application for Determination of Administrators' Remuneration / Final Orders on Amendment of Originating Process, Notice Compliance, Interlocutory Process, Costs and Referral to Registrar

Legal Issues

  1. 1 ['Whether the plaintiffs should have leave to amend the originating process to seek determination of remuneration under s 449E(1)(c) and s 449E(1A)(c) of the Corporations Act 2001 (Cth).' 'Whether further compliance with the notice procedure in r 9.2 of the Federal Court (Corporations) Rules 2000 (Cth) should be dispensed with.' 'Whether the NT Pubco objectors should be joined as defendants so that costs orders could be made against them.' 'Whether the Court should dismiss notices of objection filed by the NT Pubco objectors and ANZ Bank.' 'Whether the interlocutory process dated 8 July 2013 should be dismissed.' 'What costs orders should be made in relation to the originating process and the interlocutory process.' 'Whether the remuneration application should be referred to a Registrar for hearing and determination.']

Ratio Decidendi

The plaintiffs were granted leave to amend because they had substantially complied with r 9.2 and any further compliance could appropriately be dispensed with, subject to service of the amended originating process on non-appearing objectors. The NT Pubco objectors need not be joined because costs orders could be made against them without joinder. The notices of objection were not dismissed because no legislative power to make that order was identified. The interlocutory process was dismissed because the substantive orders sought would not be made. Costs were limited because the plaintiffs' original application was unnecessary and the interlocutory arguments had mixed cost consequences,...

Court Disposition

Leave to amend granted; further r 9.2 compliance dispensed with subject to service on specified objectors; interlocutory process dismissed; limited costs order made; remuneration application referred to Registrar.

Orders

  • ['The plaintiffs have leave to amend their originating process filed on 9 May 2013 in accordance with the form of amended originating process attached to draft orders dated 3 February 2014, save that the reference to the date upon which the originating process was amended and the date of the Court order pursuant to...