23 Jul 2020
Tempest acted unreasonably by making and persisting with unsubstantiated allegations of dishonesty and by seeking wholly unmeritorious and severe relief (including indefinite prohibition from acting as liquidator); the conduct warranted an award of indemnity costs, fixed at 80% of the claimed sum, resulting in an award of $37,646.08 in favour of Mr Davies.
8 May 2012
The Court granted leave to review, set aside the Associate Judge's strike out and discovery judgments and stayed the proceeding pending the Official Assignee serving a valid s 286(2) notice and any consequent amended pleading; held the 22 December 2010 draft statement of claim did not satisfy s 286(2) as notice of all alleged failures to comply and therefore s 286 relief could not properly be sought on that basis; held struck-off companies may still give rise to continuing failures to comply; prohibition relief under s 286(5) may follow from a single sufficiently serious failure or from persi…
21 Dec 2006
The Court held that Consolidated was properly entitled to pursue alternative applications under ss 284 and 286 and to costs for the successful s 286 application; because shortcomings existed on both sides in relation to the s 305 notice the appropriate order was that costs for the s 305 application lie where they fall; certification for second counsel was justified by the volume of affidavits and the novel issues raised.