Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Endresz v Commonwealth of Australia (No 2) [2019] FCAFC 223 File numbers: ACD 23 of 2019 ACD 24 of 2019 ACD 25 of 2019 ACD 26 of 2019
Judges: RARES, MARKOVIC AND CHARLESWORTH JJ
Date of judgment: 13 December 2019
Catchwords: COSTS – application for respondents to pay costs of appeals on indemnity basis and the costs of trial – where respondent's rejection of appellants' Calderbank offer not unreasonable in all of the circumstances – where grounds of appeal were arguable but did not have good prospects of success – where appeals could not be allowed by consent unless Court satisfied that there was arguable appealable error by trial judge
Legislation: Bankruptcy Act 1966 (Cth) s 52 Federal Court of Australia Act 1976 (Cth) s 43
Cases cited: Calderbank v Calderbank [1976] Fam 93 Endresz v Commonwealth of Australia [2019] FCAFC 197 Sims v Chong (2015) 230 FCR 346 Smits v Lillas & Loel Lawyers Pty Ltd [2016] FCAFC 143 Telstra Corporation Ltd v Minister for Broadband, Communications and the Digital Economy (2008) 166 FCR 64
Date of hearing: Determined on the papers
Date of last submissions: 6 December 2019
Registry: Australian Capital Territory
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 15
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