Deputy Commissioner of Taxation v Wellnora Pty Limited (No 2) [2007] FCA 1542

Deputy Commissioner of Taxation v Wellnora Pty Limited (No 2) [2007] FCA 1542

Indemnity costs were not awarded because it was not unreasonable in the relevant sense for the DCT to have brought and pursued her application; the case did not meet the threshold for 'special' or out-of-the-ordinary circumstances required for indemnity costs.

Jurisdiction
Australia
Judgment Date
08 October 2007
Procedural Posture
Corporate Insolvency Proceedings / Post Trial, Costs Determination
Outcome
Proceeding (including cross-claim) dismissed by consent; costs awarded (not on indemnity basis).
Legal Topics
['indemnity Costs' 'deed of Company Arrangement (doca)' 'standing of Creditor' 'winding Up' 'costs Orders']
['corporations Law' 'practice and Procedure'] ['indemnity Costs' 'deed of Company Arrangement (doca)' 'standing of Creditor' 'winding Up' 'costs Orders']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Corporate Insolvency Proceedings / Post Trial, Costs Determination

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded to the DOCA administrators against the creditor (DCT)' 'Whether the DCT lacked standing to apply for winding up after exhaustion/termination of the DOCA fund' 'Whether it was unreasonable for DCT to bring and persist with the application to set aside the DOCA and attack the professional conduct of the administrator']

Ratio Decidendi

Indemnity costs were not awarded because it was not unreasonable in the relevant sense for the DCT to have brought and pursued her application; the case did not meet the threshold for 'special' or out-of-the-ordinary circumstances required for indemnity costs.

Court Disposition

Proceeding (including cross-claim) dismissed by consent; costs awarded (not on indemnity basis).

Orders

  • ['By consent, proceeding (including cross-claim) dismissed.' "By consent, plaintiff to pay first defendant's costs as agreed or taxed." "Plaintiff to pay second defendants' costs as agreed or, subject to court fixing under O 62 r 4(2)(c) Federal Court Rules, as taxed." 'If not agreed by 22 October 2007, liberty to...