Remagen Lend ADA Pty Ltd, in the matter of Adaman Resources Pty Ltd (Administrators Appointed) v Contento Investments Pty Ltd [2021] FCA 911

Remagen Lend ADA Pty Ltd, in the matter of Adaman Resources Pty Ltd (Administrators Appointed) v Contento Investments Pty Ltd [2021] FCA 911

The interests of justice and efficient case management justified retrospective extension of time for payment of security for costs where payment had been made within a short period, delay was not deliberate, no material prejudice to defendants, and applicant acted promptly to regularise the position.

Parties
First Plaintiff: Remagen Lend ADA Pty Ltd; Second Plaintiff: Simon John Raftery; First Defendant: Contento Investments Pty Ltd; Second Defendant: Mitchell Group Holdings Pty Ltd; Third Defendant: Stefead Resources Pty Ltd; Fourth Defendant: SMS Innovative Mining Pty Ltd; Fifth Defendant: Mark Rowsthorn; Sixth Defendant: Daniel John Sweeney; Seventh Defendant: Nicholas Malcolm Anderson; Eighth Defendant: John Fitzgerald; Ninth Defendant: Jeremy Nipps; Tenth Defendant: Barry Wight; Eleventh Defendant: Adaman Resources Pty Ltd (Administrators Appointed); Twelfth Defendant: Adaman Minerals Pty Ltd (Administrators Appointed)
Jurisdiction
Australia
Judgment Date
04 August 2021
Procedural Posture
Commercial and Corporations, Corporations and Corporate Insolvency / Interlocutory Application on Extension of Time for Provision of Security for Costs
Outcome
Time for payment of security extended by seven days retrospectively; costs ordered against plaintiffs.
Legal Topics
Security for Costs, Variation/extension of Orders, Case Management, COVID 19 Related Procedural Delay
Practice and Procedure Corporations Law Corporate Insolvency Security for Costs Variation/extension of Orders Case Management COVID 19 Related Procedural Delay

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Remagen Lend ADA Pty Ltd

First Plaintiff

Simon John Raftery

Second Plaintiff

Contento Investments Pty Ltd

First Defendant

Mitchell Group Holdings Pty Ltd

Second Defendant

Stefead Resources Pty Ltd

Third Defendant

SMS Innovative Mining Pty Ltd

Fourth Defendant

Mark Rowsthorn

Fifth Defendant

Daniel John Sweeney

Sixth Defendant

Nicholas Malcolm Anderson

Seventh Defendant

John Fitzgerald

Eighth Defendant

Jeremy Nipps

Ninth Defendant

Barry Wight

Tenth Defendant

Adaman Resources Pty Ltd (Administrators Appointed)

Eleventh Defendant

Adaman Minerals Pty Ltd (Administrators Appointed)

Twelfth Defendant

Procedural Posture

Commercial and Corporations, Corporations and Corporate Insolvency / Interlocutory Application on Extension of Time for Provision of Security for Costs

Legal Issues

  1. 1 Should the time for payment of security for costs be extended retrospectively?
  2. 2 Was the explanation for delay in payment of security satisfactory?
  3. 3 What prejudice, if any, is caused to defendants by the delay?

Ratio Decidendi

The interests of justice and efficient case management justified retrospective extension of time for payment of security for costs where payment had been made within a short period, delay was not deliberate, no material prejudice to defendants, and applicant acted promptly to regularise the position.

Court Disposition

Time for payment of security extended by seven days retrospectively; costs ordered against plaintiffs.

Orders

  • Pursuant to s 56(3) of the Federal Court of Australia Act 1976 (Cth) and r 1.32 of Federal Court Rules 2011 (Cth), time for payment of $75,000 security extended to 16 July 2021.
  • Plaintiffs to pay costs of the first and third to eighth defendants of the application, including adjournment, to be assessed by a Registrar on a lump sum basis if not agreed.