Mandalinic v Stone (Liquidator) (No 2) [2023] FCAFC 176

Mandalinic v Stone (Liquidator) (No 2) [2023] FCAFC 176

The unsuccessful appellant is to pay the respondents’ and intervener’s costs of the appeal as the intervention by the Commissioner was necessary, efficient and of assistance to the Court, and the usual rule as to costs should apply.

Parties
Appellant: John Mandalinic; First Respondent: Richard Stone in his capacity as Liquidator of Ric Admin Pty Ltd (in liquidation) ACN 603 418 908; Second Respondent: Ric Admin Pty Ltd (in liquidation); Intervener: Deputy Commissioner of Taxation
Jurisdiction
Australia
Judgment Date
06 November 2023
Procedural Posture
Appeal / Costs Determination Following Appeal Decision
Outcome
Appellant ordered to pay the respondents’ and intervener’s costs of the appeal.
Legal Topics
Costs, Intervener's Costs, Statutory Construction, Directors' Liability, Corporations Act
Taxation Costs Intervener's Costs Statutory Construction Directors' Liability Corporations Act

Case Brief

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Parties

John Mandalinic

Appellant

Richard Stone in his capacity as Liquidator of Ric Admin Pty Ltd (in liquidation) ACN 603 418 908

First Respondent

Ric Admin Pty Ltd (in liquidation)

Second Respondent

Deputy Commissioner of Taxation

Intervener

Procedural Posture

Appeal / Costs Determination Following Appeal Decision

Legal Issues

  1. 1 Whether the unsuccessful appellant should pay the costs of the respondents and intervener on appeal
  2. 2 Whether an intervener is entitled to costs in the circumstances of this appeal

Ratio Decidendi

The unsuccessful appellant is to pay the respondents’ and intervener’s costs of the appeal as the intervention by the Commissioner was necessary, efficient and of assistance to the Court, and the usual rule as to costs should apply.

Court Disposition

Appellant ordered to pay the respondents’ and intervener’s costs of the appeal.

Orders

  • The appellant is to pay the respondents' and the intervener's costs of the appeal.