DJ Builders & Son Pty Ltd (in liq), in the matter of DJ Builders & Son Pty Ltd (in liq) v Queensland Building and Construction Commission (No 2) [2020] FCA 77

DJ Builders & Son Pty Ltd (in liq), in the matter of DJ Builders & Son Pty Ltd (in liq) v Queensland Building and Construction Commission (No 2) [2020] FCA 77

The indemnity provided by the second applicant must extend to all costs, charges, and expenses, not just adverse costs orders, and security of $125,000 must be paid into court for that indemnity. Additionally, the liquidator is entitled to payment of the company's costs by the second applicant and Mr Doré for the interlocutory application to date.

Jurisdiction
Australia
Judgment Date
07 February 2020
Procedural Posture
Application in Liquidation / Post Judgment: Form of Orders
Outcome
Orders made substantially in the terms sought by the liquidator with certain alterations; orders not made in terms of the first three orders proposed by Forward Pack; additional orders relating to security, evidence preparation, adjournment, and costs.
Legal Topics
['derivative Proceedings' 'liquidator Indemnity' 'security for Costs' 'costs Orders' 'practice and Procedure']
['commercial Law' 'corporations Law' 'insolvency'] ['derivative Proceedings' 'liquidator Indemnity' 'security for Costs' 'costs Orders' 'practice and Procedure']

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Procedural Posture

Application in Liquidation / Post Judgment: Form of Orders

Legal Issues

  1. 1 ['Whether the indemnity provided by the second applicant should extend to all costs, charges and expenses of and incidental to the proceeding on behalf of the first applicant.' 'Whether security provided relates to indemnity for adverse costs, or extends further.' "Whether the second applicant and Mr Doré should be ordered to pay the liquidator's costs to date or whether costs should be reserved."]

Ratio Decidendi

The indemnity provided by the second applicant must extend to all costs, charges, and expenses, not just adverse costs orders, and security of $125,000 must be paid into court for that indemnity. Additionally, the liquidator is entitled to payment of the company's costs by the second applicant and Mr Doré for the interlocutory application to date.

Court Disposition

Orders made substantially in the terms sought by the liquidator with certain alterations; orders not made in terms of the first three orders proposed by Forward Pack; additional orders relating to security, evidence preparation, adjournment, and costs.

Orders

  • ['Orders and supporting reasons published from Chambers under r 1.36 of the Federal Court Rules 2011 (Cth).' 'Subject to the second applicant and Lawrence Doré complying, leave is granted to the second applicant nunc pro tunc to continue the proceeding on behalf of the first applicant.' 'Second applicant and...