Hrycenko v Hrycenko (by his legal representative Hycenko) (No 2) [2022] FCAFC 192

Federal Court of Australia

Hrycenko v Hrycenko (by his legal representative Hycenko) (No 2) [2022] FCAFC 192 Appeal from: Hrycenko (by his legal representative Hycenko) v Hrycenko [2021] FedCFamC2G 187 Hrycenko (by his legal representative Hycenko) v Hrycenko [2022] FedCFamC2G 2

File number: VID 682 of 2021

Judgment of: BROMBERG, MOSHINSKY AND MCELWAINE JJ

Date of judgment: 15 December 2022

Catchwords: COSTS - where trial judge extended life of creditor's petition nunc pro tunc under slip rule - where appeal upheld and sequestration order set aside - where trustee appointed to administer bankrupt's estate incurred costs - whether Court should exercise discretion to order creditor/respondent or appellant to pay costs incurred by the trustee - application for costs certificate under ss 6(1) and 10(2) of the Federal Proceedings (Costs) Act 1981 (Cth) - whether appropriate to grant costs certificate

Legislation: Bankruptcy Act 1966 (Cth) ss 43, 52 Federal Court of Australia Act 1976 (Cth) s 28 Federal Proceedings (Costs) Act 1981 (Cth) ss 6(1), 10(2), 16(2) Supreme Court (General Civil Procedure) Rules 2015 (Vic) O 54

Cases cited: Adsett v Berlouis (1992) 37 FCR 201 Armstrong v Boulton [1990] VR 215 Commissioner of Taxation v AusNet Transmission Group Pty Ltd (No2) [2015] FCAFC 124 Flint v Richard Busuttil & Co Pty Ltd (2013) 216 FCR 375; [2013] FCAFC 131 Great Gulf Company v Sutherland (1873) 4 AJR 164 Hrycenko v Hrycenko (by his legal representative Hycenko) [2022] FCAFC 152 Hrycenko(by his legal representative Hycenko) v Hrycenko [2022] FedCFamC2G 2 Minister for Immigration and Border Protection v Kaur (No2) [2015] FCA 748 Oshlack v Richmond River Council (1993) 193 CLR 72 Robson v Body Corporate for Sanderling at Kings Beach CTS 2942 (2021) 286 FCR 494; [2021] FCAFC 143 Porter v Ghasemi (2021) 286 FCR 556; [2021] FCAFC 144 Wu v Li (No 2) [2017] FCA 501 Jacobs' Law of Trusts (8th ed, LexisNexis, 2016)