Palmer, in the matter of Queensland Nickel Pty Ltd (In Liq) v Parbery, in his capacity as Liquidator of Queensland Nickel Pty Ltd (In Liq) [2018] FCA 820

Palmer, in the matter of Queensland Nickel Pty Ltd (In Liq) v Parbery, in his capacity as Liquidator of Queensland Nickel Pty Ltd (In Liq) [2018] FCA 820

The applicants' arguments regarding oppression and constitutional invalidity of the examination summons failed; as successful parties, respondents are entitled to costs of and incidental to each application on the usual basis, but not on indemnity basis, as the constitutional arguments aided the development of law and were genuinely advanced.

Jurisdiction
Australia
Judgment Date
01 June 2018
Procedural Posture
Corporations Insolvency / Costs Determination Following Principal Judgment
Outcome
Respondents awarded costs against each applicant on the usual basis.
Legal Topics
["liquidators' Powers" 'examination Summons' 'constitutional Validity of Ss 596 a and 596 B' 'costs Orders']
['corporations Law' 'insolvency'] ["liquidators' Powers" 'examination Summons' 'constitutional Validity of Ss 596 a and 596 B' 'costs Orders']

Case Brief

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Procedural Posture

Corporations Insolvency / Costs Determination Following Principal Judgment

Legal Issues

  1. 1 ['Whether costs should be awarded to respondents following dismissal of applications to set aside examination summons' 'Whether costs should be awarded on indemnity basis' 'Valid exercise of judicial power under ss 596A and 596B of Corporations Act 2001 (Cth)']

Ratio Decidendi

The applicants' arguments regarding oppression and constitutional invalidity of the examination summons failed; as successful parties, respondents are entitled to costs of and incidental to each application on the usual basis, but not on indemnity basis, as the constitutional arguments aided the development of law and were genuinely advanced.

Court Disposition

Respondents awarded costs against each applicant on the usual basis.

Orders

  • ["Each applicant pay the costs of the respondents to each applicant's application, of and incidental to the application." 'Orders and reasons to be published from Chambers pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), and r 1.32 and r 1.36 of the Federal Court Rules 2011.']