Sands Contracting Pty Ltd v Foodcorp (VIC) Pty Ltd (No 2) [2020] FCA 1415

Sands Contracting Pty Ltd v Foodcorp (VIC) Pty Ltd (No 2) [2020] FCA 1415

Given the mixed outcome, the absence of adverse findings against the bona fides of the Liquidators, the limited nature of the relief obtained by plaintiffs (which was similar to an earlier offer), and the interests of justice, the Court determined that there should be no order as to costs between any of the parties.

Parties
First Plaintiff: Sands Contracting Pty Ltd; Second Plaintiff: Sands Holdings Pty Ltd; Third Plaintiff: Hecsands Pty Ltd; Fourth Plaintiff: Anthony Jerome Sands; Fifth Plaintiff: Carmel Jean Sands; Sixth Plaintiff: Kevin John Sands; Seventh Plaintiff: Lynne Margaret Sands; First Defendant: Foodcorp (VIC) Pty Ltd; Second Defendants: Anthony Robert Cant and Renee Sarah Di Carlo; Third Defendants: Selwyn Greenberg, Hannah Greenberg and Jay Greenberg; Fourth Defendant: Superior Food Group Pty Ltd
Jurisdiction
Australia
Judgment Date
01 October 2020
Procedural Posture
Corporations and Corporate Insolvency / Costs Determination Following Judgment
Outcome
No order as to costs between the parties.
Legal Topics
Costs Orders, Liquidators—removal and Obligations, Proofs of Debt—adjudication, Discretion in Costs Awarding
Commercial Law Corporations Law Corporate Insolvency Costs Orders Liquidators—removal and Obligations Proofs of Debt—adjudication Discretion in Costs Awarding

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Parties

Sands Contracting Pty Ltd

First Plaintiff

Sands Holdings Pty Ltd

Second Plaintiff

Hecsands Pty Ltd

Third Plaintiff

Anthony Jerome Sands

Fourth Plaintiff

Carmel Jean Sands

Fifth Plaintiff

Kevin John Sands

Sixth Plaintiff

Lynne Margaret Sands

Seventh Plaintiff

Foodcorp (VIC) Pty Ltd

First Defendant

Anthony Robert Cant and Renee Sarah Di Carlo

Second Defendants

Selwyn Greenberg, Hannah Greenberg and Jay Greenberg

Third Defendants

Superior Food Group Pty Ltd

Fourth Defendant

Procedural Posture

Corporations and Corporate Insolvency / Costs Determination Following Judgment

Legal Issues

  1. 1 Whether any party is entitled to costs given a mixed result
  2. 2 If plaintiffs or liquidators should bear costs personally
  3. 3 Appropriate order as to costs following mixed judicial outcome

Ratio Decidendi

Given the mixed outcome, the absence of adverse findings against the bona fides of the Liquidators, the limited nature of the relief obtained by plaintiffs (which was similar to an earlier offer), and the interests of justice, the Court determined that there should be no order as to costs between any of the parties.

Court Disposition

No order as to costs between the parties.

Orders

  • The Second Defendants file and serve a report on the outcome of the adjudication of proofs of debt in the liquidation of the First Defendant within 21 days of completion of the process of adjudication.
  • The amended originating process filed on 13 May 2020 is otherwise dismissed.