In the matter of RG Munro Futures Pty Ltd (In liq) & In the matter of Starport Futures Trading Corporation (In liq)

The matter before the court involved a dispute between RG Munro Futures Pty Ltd and Starport Futures Trading Corporation, both of which were in liquidation. The applicant sought to vacate certain orders previously made by His Honour Justice Martin on 19 November 2010, which had directed that certain passports be delivered up and that the parties bear their own costs. The applicant also sought an order that the parties bear their own costs and that there be no order as to costs. The respondent opposed the application and sought an order that the parties bear their own costs of and incidental to the proceedings, including any reserved costs.

The legal issues that the court had to decide were whether the parties had acted unreasonably or inappropriately and whether the applicant was liable for any of the respondent's costs incurred, and vice versa. The court considered the conduct of the parties throughout the proceedings and determined that neither party had acted unreasonably or inappropriately. The court noted that the applicant had not acted unreasonably or inappropriately and was therefore not liable for any of the respondent's costs incurred. Similarly, the court found that the respondent had not acted unreasonably and was not liable for any of the applicant's costs incurred.

In light of these findings, the court vacated certain orders previously made by His Honour Justice Martin on 19 November 2010 and directed that the Registrar of the Supreme Court in Brisbane return any and all passports delivered up by the respondent in accordance with those orders. The court also dismissed the originating application filed on 8 September 2009 and ordered that, save for one order made by His Honour Justice Martin on 19 November 2010, the parties bear their own costs of and incidental to the proceedings, including any reserved costs.