El-Debel v Micheletto (Trustee) (No 2) [2021] FCAFC 146

Federal Court of Australia

El-Debel v Micheletto (Trustee) (No 2) [2021] FCAFC 146 Appeal from: Micheletto (Trustee), in the matter of the El-Debel (Bankrupt) v El-Debel [2020] FCA 1031

File numbers: NSD 1038 of 2020 NSD 1029 of 2020

Judgment of: MARKOVIC, DERRINGTON AND COLVIN JJ

Catchwords: COSTS - determination of costs in related appeals where appellants partially successful - consideration of appropriate exercise of court's discretion to order costs - where partial success in first appeal on ground relating to second appellant - where appellants submitted respondents engaged in disentitling conduct in rejecting offer of settlement preemptorally and in communication of rejection - whether appropriate for court to consider disentitling conduct in exercise of discretion - order in first appeal made for appellants to pay respondents' costs with liability of second appellant limited - order in second appeal made for appellant to pay substantial percentage of respondents' costs

Date of judgment: 17 August 2021

Legislation: Federal Court of Australia Act 1976 (Cth) s 43

Cases cited: El-Debel v Micheletto (Trustee) [2021] FCAFC 117 Firebird Global Master Fund II Ltd v Republic of Nauru (No 2) [2015] HCA 53 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; (2007) 234 CLR 52 Fuchs Lubricants (Australasia) Pty Ltd v Quaker Chemical (Australasia) Pty Ltd (No 2) [2021] FCAFC 114 Gray v Richards (No 2) [2014] HCA 47 Kazar (Liquidator) v Kargarian; In the matter of Frontier Architects Pty Ltd (In Liq) [2011] FCAFC 136; (2011) 197 FCR 113 Les Laboratoires Servier v Apotex Pty Ltd [2016] FCAFC 27; (2016) 247 FCR 61 Oshlack v Richmond River Council (1998) 193 CLR 72 Snedden v Republic of Croatia (No 2) [2009] FCAFC 132