Federal Court of Australia
Federal Court of Australia
Manzo v CSM Lawyers Pty Ltd [2024] FCAFC 96 Appeal from: CSM Lawyers Pty Ltd v Manzo, in the matter of Manzo [2023] FCA 236
File number: QUD 200 of 2023
Judgment of: LOGAN, PERRY AND MEAGHER JJ
Date of judgment: 16 July 2024
Catchwords: COSTS – where the appellant appeals from a decision of a single judge of this Court to affirm a registrar's sequestration order against the appellant – where the appellant discontinued the appeal the day before the hearing and was deemed to have made an application to discontinue the appeal with no order as to costs – where the respondent incorporated legal practice sought costs, either on an indemnity basis or party and party basis – whether, in light of Bell Lawyers Pty Ltd v Pentelow (2019) 269 CLR 333, the respondent is entitled to costs as an incorporated legal practice representing itself – appellant's application dismissed – respondent's application for costs dismissed, except for the awarding of outlays
Legislation: Bankruptcy Act 1966 (Cth) ss 32, 43 Federal Court of Australia Act 1976 (Cth) ss 24, 43 Federal Court Rules 2011 (Cth) rr 36.73, 40.01, 40.02 Civil Procedure Act 2005 (NSW) ss 3, 98
Cases cited: Alhalek v Quintiliani trading as Kells Lawyers (No 3) [2021] FCAFC 150 Atanaskovic v Birketu Pty Ltd [2023] NSWCA 312 Attorney-General v Shillibeer (1849) 4 Ex 606 [154 ER 1356] Bell Lawyers Pty Ltd v Pentelow (2019) 269 CLR 333 Birketu Pty Ltd v Atanaskovic [2024] HCASL 117 Birketu v Castagnet [2022] NSWSC 1435 Burrows v Macpherson & Kelley Lawyers (Sydney) Pty Ltd [2021] NSWCA 148 Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 CSM Lawyers Pty Ltd v Manzo, in the matter of Manzo [2023] FCA 236 London Scottish Benefit Society v Chorley (1884) 13 QBD 872 McIlraith v Ilkin (Costs) [2007] NSWSC 1052 Raymond v Lakeman (1865) 34 Beav 584 [55 ER 761] Spencer v Coshott (2021) 106 NSWLR 84 Treasury Wine Estates Limited v Maurice Blackburn Pty Ltd (No 2) (2021) 388 ALR 540 United Petroleum Australia Pty Ltd v Freehills [2020] VSCA 15
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