QNI Resources Pty Ltd, in the matter of Queensland Nickel Pty Ltd (in liquidation) v Queensland Nickel Pty Ltd (in liquidation) [2017] FCA 1594

QNI Resources Pty Ltd, in the matter of Queensland Nickel Pty Ltd (in liquidation) v Queensland Nickel Pty Ltd (in liquidation) [2017] FCA 1594

There were no special or unusual features justifying an order for indemnity costs against the applicants. Commencing the proceeding in the Federal Court and the failure to obtain leave under s 471 before commencing were insufficient; the costs issue should be reserved for determination by the Supreme Court of Queensland after transfer.

Jurisdiction
Australia
Judgment Date
13 September 2017
Procedural Posture
Corporate Insolvency / Interlocutory Application (costs and Transfer of Proceedings)
Outcome
Application to transfer proceeding granted by consent; application for indemnity costs dismissed; costs reserved for the Supreme Court of Queensland.
Legal Topics
['transfer of Proceedings' 'indemnity Costs' 'costs Orders' 'leave to Commence Proceedings Against Company in Liquidation']
['corporations Law' 'insolvency Law' 'civil Procedure'] ['transfer of Proceedings' 'indemnity Costs' 'costs Orders' 'leave to Commence Proceedings Against Company in Liquidation']

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Procedural Posture

Corporate Insolvency / Interlocutory Application (costs and Transfer of Proceedings)

Legal Issues

  1. 1 ['Whether the proceeding should be transferred to the Supreme Court of Queensland under s 1337H of the Corporations Act 2001 (Cth)' 'Whether indemnity costs should be awarded against the applicants for commencing the proceeding in the Federal Court without leave under s 471 of the Corporations Act 2001 (Cth)']

Ratio Decidendi

There were no special or unusual features justifying an order for indemnity costs against the applicants. Commencing the proceeding in the Federal Court and the failure to obtain leave under s 471 before commencing were insufficient; the costs issue should be reserved for determination by the Supreme Court of Queensland after transfer.

Court Disposition

Application to transfer proceeding granted by consent; application for indemnity costs dismissed; costs reserved for the Supreme Court of Queensland.

Orders

  • ['Pursuant to s 1337H of the Corporations Act 2001 (Cth), the proceeding is to be transferred to the Supreme Court of Queensland.' 'The Registrar send forthwith each document filed, and any orders made, in this proceeding to the appropriate officer of the Supreme Court of Queensland.' 'The costs of this proceeding,...