Powell, in the matter of Garden Estate Hackham Pty Ltd (Receivers and Managers Appointed) [2012] FCA 1016

Powell, in the matter of Garden Estate Hackham Pty Ltd (Receivers and Managers Appointed) [2012] FCA 1016

Receivers and managers made reasonable requests for books and records, which were not properly met; after warning that an application under the Corporations Act would be made with indemnity costs sought, substantial compliance only followed the commencement of proceedings. Plaintiffs are properly constituted as receivers/managers, not the companies per se, so an order for indemnity costs is available and warranted.

Jurisdiction
Australia
Judgment Date
19 September 2012
Procedural Posture
Application for Costs / Post Judgment (costs)
Outcome
Application for costs granted. Defendants to pay plaintiffs' costs on an indemnity basis.
Legal Topics
['receivers and Managers' 'company Records' 'costs—indemnity Basis']
['corporations Law'] ['receivers and Managers' 'company Records' 'costs—indemnity Basis']

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Procedural Posture

Application for Costs / Post Judgment (costs)

Legal Issues

  1. 1 ['Whether receivers and managers are entitled to indemnity costs against the companies after successful application for access to company books and records']

Ratio Decidendi

Receivers and managers made reasonable requests for books and records, which were not properly met; after warning that an application under the Corporations Act would be made with indemnity costs sought, substantial compliance only followed the commencement of proceedings. Plaintiffs are properly constituted as receivers/managers, not the companies per se, so an order for indemnity costs is available and warranted.

Court Disposition

Application for costs granted. Defendants to pay plaintiffs' costs on an indemnity basis.

Orders

  • ["The defendants pay the plaintiffs' costs of the proceeding assessed on an indemnity basis."]