Koonara Management Pty Ltd v Rockliff (No 4) [2020] FCA 1201

Koonara Management Pty Ltd v Rockliff (No 4) [2020] FCA 1201

Following the reinstatement of RCF, costs payable to it are valid and should not be discounted, and an appropriate consolidated lump-sum costs order reflecting reasonable discounted fees and counsels' costs is fixed at $95,000. Further, no personal liability for costs is imposed against Mr Reschke since deregistration was rectified and occurred by oversight.

Jurisdiction
Australia
Judgment Date
24 August 2020
Procedural Posture
Commercial and Corporations Costs Application / Post Trial, Costs Determination
Outcome
Costs of the costs application fixed; costs orders validated; otherwise, no order as to costs.
Legal Topics
['deregistration and Reinstatement of Companies' 'costs Orders' 'lump Sum Costs' 'indemnity Costs' 'effect of Company Deregistration on Costs Orders']
['corporations Law' 'civil Procedure'] ['deregistration and Reinstatement of Companies' 'costs Orders' 'lump Sum Costs' 'indemnity Costs' 'effect of Company Deregistration on Costs Orders']

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Procedural Posture

Commercial and Corporations Costs Application / Post Trial, Costs Determination

Legal Issues

  1. 1 ['Effect of deregistration and subsequent reinstatement of a party on costs orders' 'Appropriate quantum and form of lump-sum costs order' 'Entitlement to costs following party success/failure' 'Whether to set aside costs order due to deregistration' 'Personal liability for costs in circumstances of deregistration']

Ratio Decidendi

Following the reinstatement of RCF, costs payable to it are valid and should not be discounted, and an appropriate consolidated lump-sum costs order reflecting reasonable discounted fees and counsels' costs is fixed at $95,000. Further, no personal liability for costs is imposed against Mr Reschke since deregistration was rectified and occurred by oversight.

Court Disposition

Costs of the costs application fixed; costs orders validated; otherwise, no order as to costs.

Orders

  • ['Leave granted to applicants and first cross-respondent to rely on specified affidavits and submissions.' 'Leave granted to respondents to rely on specified submissions.' 'Order made validating order 2 of 23 April 2020 pursuant to s 601AH(3) of the Corporations Act 2001 (Cth).' 'Costs of the costs application...