Plastec Australia Pty Ltd v Plumbing Solutions and Services Pty Ltd (No. 2) [2012] FCA 730

Plastec Australia Pty Ltd v Plumbing Solutions and Services Pty Ltd (No. 2) [2012] FCA 730

Having regard to the findings in Plastec Australia Pty Ltd v Plumbing Solutions Pty Ltd [2012] FCA 510 about Mr Martin's conduct, including his failure accurately to disclose his role in the University of South Australia report and his unfounded representations that Plastec illegally colluded with SAI Global Limited and/or Standards Australia, the applicant had incurred substantial legal costs it ought never to have incurred by reason of Mr Martin's unmeritorious and in some respects reckless conduct. The appropriate order was that Mr Martin pay the applicant's costs on an indemnity basis.

Jurisdiction
Australia
Judgment Date
03 July 2012
Procedural Posture
Practice and Procedure Costs / Post Judgment Determination of Costs of the Principal Proceeding
Outcome
The third respondent was ordered to pay the applicant's costs of and incidental to the proceeding on an indemnity basis.
Legal Topics
['costs' 'indemnity Costs' 'leave to Take Further Steps Against a Bankrupt']
['practice and Procedure' 'bankruptcy'] ['costs' 'indemnity Costs' 'leave to Take Further Steps Against a Bankrupt']

Case Brief

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Procedural Posture

Practice and Procedure Costs / Post Judgment Determination of Costs of the Principal Proceeding

Legal Issues

  1. 1 ["Whether the applicant's costs of and incidental to the principal proceeding should be paid by the third respondent on an indemnity basis." 'Whether leave under s 58(3)(b) of the Bankruptcy Act 1966 (Cth) was required to take further steps against the third respondent after his bankruptcy.']

Ratio Decidendi

Having regard to the findings in Plastec Australia Pty Ltd v Plumbing Solutions Pty Ltd [2012] FCA 510 about Mr Martin's conduct, including his failure accurately to disclose his role in the University of South Australia report and his unfounded representations that Plastec illegally colluded with SAI Global Limited and/or Standards Australia, the applicant had incurred substantial legal costs it ought never to have incurred by reason of Mr Martin's unmeritorious and in some respects reckless conduct. The appropriate order was that Mr Martin pay the applicant's costs on an indemnity basis.

Court Disposition

The third respondent was ordered to pay the applicant's costs of and incidental to the proceeding on an indemnity basis.

Orders

  • ["The third respondent pay the applicants' costs of and incidental to the proceeding on an indemnity basis."]