Cooper (Receiver), in the matter of Green Grain Processing Technologies Pty Ltd (Receivers Appointed) (No 3) [2024] FCA 1142

Cooper (Receiver), in the matter of Green Grain Processing Technologies Pty Ltd (Receivers Appointed) (No 3) [2024] FCA 1142

Costs were awarded on an indemnity basis and ordered payable forthwith as the second interested party made and maintained false representations regarding missing funds, failed to comply with court orders, causing unnecessary proceedings and expense; justice required departure from the ordinary rule on costs.

Parties
First Plaintiff: Nicholas David Cooper; Second Plaintiff: Dominic Charles Cantone; Defendant: Green Grain Processing Technologies Pty Ltd (Receivers Appointed) (In Liquidation); First Interested Party: David John Tucker; Second Interested Party: Ihab Anthony Rockwell Lutfi; Third Interested Party: Lutfi-Proctor Holdings Pty Ltd; Fourth Interested Party: JT Nominees Pty Ltd; Fifth Interested Party: JT Investments Pty Ltd
Jurisdiction
Australia
Judgment Date
27 September 2024
Procedural Posture
Corporations and Corporate Insolvency / Costs Determination Following Interlocutory Application
Outcome
Application for indemnity costs granted; costs order made in favour of first interested party against second interested party.
Legal Topics
Costs, Indemnity Costs, Interlocutory Applications, False Representations, Court Orders
Corporations Corporate Insolvency Costs Indemnity Costs Interlocutory Applications False Representations Court Orders

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Parties

Nicholas David Cooper

First Plaintiff

Dominic Charles Cantone

Second Plaintiff

Green Grain Processing Technologies Pty Ltd (Receivers Appointed) (In Liquidation)

Defendant

David John Tucker

First Interested Party

Ihab Anthony Rockwell Lutfi

Second Interested Party

Lutfi-Proctor Holdings Pty Ltd

Third Interested Party

JT Nominees Pty Ltd

Fourth Interested Party

JT Investments Pty Ltd

Fifth Interested Party

Procedural Posture

Corporations and Corporate Insolvency / Costs Determination Following Interlocutory Application

Legal Issues

  1. 1 Whether costs should be awarded on an indemnity basis
  2. 2 Whether the Court should dispense with r 40.13 of the Federal Court Rules 2011 (Cth)
  3. 3 Whether behaviour of the second interested party caused unnecessary expenditure

Ratio Decidendi

Costs were awarded on an indemnity basis and ordered payable forthwith as the second interested party made and maintained false representations regarding missing funds, failed to comply with court orders, causing unnecessary proceedings and expense; justice required departure from the ordinary rule on costs.

Court Disposition

Application for indemnity costs granted; costs order made in favour of first interested party against second interested party.

Orders

  • The second interested party pay the first interested party's costs of and incidental to the first interested party's interlocutory application filed 4 April 2024 on an indemnity basis, certified fit for senior counsel, to be assessed if not agreed.
  • The indemnity costs as assessed or agreed be paid within 28 days of such assessment or agreement.