Loo, in the matter of Halifax Investment Services Pty Ltd (in liquidation) v Quinlan (Liquidator) (No 2) [2021] FCAFC 204

Loo, in the matter of Halifax Investment Services Pty Ltd (in liquidation) v Quinlan (Liquidator) (No 2) [2021] FCAFC 204

There was no reason to depart from the usual rule that costs follow the event; costs should not be ordered on an indemnity basis because there was no improper conduct by Mr Loo.

Jurisdiction
Australia
Judgment Date
19 November 2021
Procedural Posture
Appeal / Post Judgment, Costs Determination
Outcome
Appellant ordered to pay costs
Legal Topics
['costs on Appeal' 'corporate Insolvency' 'judicial Advice to Liquidators']
['practice and Procedure' 'corporations Law'] ['costs on Appeal' 'corporate Insolvency' 'judicial Advice to Liquidators']

Case Brief

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Procedural Posture

Appeal / Post Judgment, Costs Determination

Legal Issues

  1. 1 ['Whether costs of appeal should follow the event' 'Whether costs should be payable on an indemnity basis in a corporate insolvency matter involving judicial advice']

Ratio Decidendi

There was no reason to depart from the usual rule that costs follow the event; costs should not be ordered on an indemnity basis because there was no improper conduct by Mr Loo.

Court Disposition

Appellant ordered to pay costs

Orders

  • ['The appellant pay the costs of the first, second, third and fourth respondents of and incidental to the application for an extension of time to seek leave to appeal, the application for leave to appeal and the appeal, such costs to be on a party-party basis, as agreed or taxed.']