Australian Prudential Regulation Authority v Siminton (No 13) [2008] FCA 303

Australian Prudential Regulation Authority v Siminton (No 13) [2008] FCA 303

Although a short hearing initiated by the Receiver was unavoidable, the Respondent's unsuccessful opposition and failure to comply with earlier orders added to preparation and hearing time; therefore the appropriate order was that the Respondent pay 50 per cent of the Receiver's costs, with the Receiver indemnified from the funds to the extent of any non-recovery before final distribution.

Jurisdiction
Australia
Judgment Date
17 March 2008
Procedural Posture
Practice and Procedure Costs / Reserved Question of Costs Following Orders on the Receiver's Amended Notice of Motion Dated 4 February 2008
Outcome
Respondent ordered to pay 50 per cent of the Receiver's costs of and incidental to the Amended Notice of Motion dated 4 February 2008, with indemnity from the Funds to the extent those costs are not recovered before final distribution to depositors.
Legal Topics
["receiver's Notice of Motion" 'costs of Interlocutory Application' 'non Compliance With Earlier Court Orders' 'indemnity From Receivership Funds']
['practice and Procedure' 'costs'] ["receiver's Notice of Motion" 'costs of Interlocutory Application' 'non Compliance With Earlier Court Orders' 'indemnity From Receivership Funds']

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Procedural Posture

Practice and Procedure Costs / Reserved Question of Costs Following Orders on the Receiver's Amended Notice of Motion Dated 4 February 2008

Legal Issues

  1. 1 ["What costs order should be made in relation to the Receiver's Amended Notice of Motion dated 4 February 2008." 'Whether the Receiver should be indemnified from the funds under his control to the extent costs are not recovered from the Respondent.']

Ratio Decidendi

Although a short hearing initiated by the Receiver was unavoidable, the Respondent's unsuccessful opposition and failure to comply with earlier orders added to preparation and hearing time; therefore the appropriate order was that the Respondent pay 50 per cent of the Receiver's costs, with the Receiver indemnified from the funds to the extent of any non-recovery before final distribution.

Court Disposition

Respondent ordered to pay 50 per cent of the Receiver's costs of and incidental to the Amended Notice of Motion dated 4 February 2008, with indemnity from the Funds to the extent those costs are not recovered before final distribution to depositors.

Orders

  • ["The Respondent pay 50 per cent of the Receiver's costs of and incidental to the Amended Notice of Motion dated 4 February 2008." 'To the extent that the Receiver does not recover, prior to the final distribution to depositors, any or all of his entitlement to costs from the respondent pursuant to Order 1, the...