Frigger, in the matter of Computer Accounting & Tax Pty Ltd (in Liq) [2018] FCA 215

Frigger, in the matter of Computer Accounting & Tax Pty Ltd (in Liq) [2018] FCA 215

The amended originating process entirely replaced and abandoned the original claim to stay or terminate the liquidation, so the plaintiffs must pay forthwith the liquidator's costs that are only costs of the original claim, to be taxed if not agreed. Because the security for costs application sought security before any defence, no defence was ordered at this time, and the plaintiffs were directed to file any submissions opposing security by 9 March 2018.

Jurisdiction
Australia
Judgment Date
01 March 2018
Procedural Posture
Corporations and Corporate Insolvency Proceeding Concerning Computer Accounting & Tax Pty Ltd (in Liq) / Determined on the Papers on Costs Following Amendment, Submissions Timetable for Security for Costs, and Timing of Defence
Outcome
Costs order made against the plaintiffs for costs only of the original claim; timetable set for submissions opposing security for costs; no order made requiring the liquidator to file a defence at this time.
Legal Topics
['liquidation' 'amendment of Originating Process' 'costs' 'security for Costs' 'pleadings']
['corporations' 'corporate Insolvency' 'civil Procedure'] ['liquidation' 'amendment of Originating Process' 'costs' 'security for Costs' 'pleadings']

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Procedural Posture

Corporations and Corporate Insolvency Proceeding Concerning Computer Accounting & Tax Pty Ltd (in Liq) / Determined on the Papers on Costs Following Amendment, Submissions Timetable for Security for Costs, and Timing of Defence

Legal Issues

  1. 1 ["Whether the plaintiffs should pay the liquidator's costs following amendment of the originating process and abandonment of the original claim to stay or terminate the liquidation." "Whether submissions in opposition to the liquidator's application for security for costs should be programmed." 'Whether the liquidator should be required to file a defence before determination of the security for costs application.']

Ratio Decidendi

The amended originating process entirely replaced and abandoned the original claim to stay or terminate the liquidation, so the plaintiffs must pay forthwith the liquidator's costs that are only costs of the original claim, to be taxed if not agreed. Because the security for costs application sought security before any defence, no defence was ordered at this time, and the plaintiffs were directed to file any submissions opposing security by 9 March 2018.

Court Disposition

Costs order made against the plaintiffs for costs only of the original claim; timetable set for submissions opposing security for costs; no order made requiring the liquidator to file a defence at this time.

Orders

  • ["The plaintiffs do pay the liquidator's costs that are costs only of the claim to relief in the original application forthwith, to be taxed if not agreed." 'The plaintiffs do file any written submissions in opposition to the application for security for costs on or before 9 March 2018.']