Liati, Angela v Fitzsimons, Christopher Ronald [1996] FCA 1103

CATCHWORDS

BANKRUPTCY - review of sequestration order - whether debt on which bankruptcy notice based existed. RETAINER - nature of solicitor's retainer. BILL OF COSTS - whether use of wrong scale of costs invalidated bill of costs. Legal Profession Act 1987 - s 198, s 199 Supreme Court Act 1970 (NSW) ANGELA LIATI v CHRISTOPHER RONALD FITZSIMONS No. NG 552 of 1996 CORAM: FOSTER, von DOUSSA and MADGWICK JJ DATE: 13 SEPTEMBER 1996 PLACE: SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 552 of 1996 ) GENERAL DIVISION )

On appeal from a Judge of the Federal Court of Australia BETWEEN: ANGELA LIATI Appellant AND: CHRISTOPHER RONALD FITZSIMONS Respondent JUDGES MAKING ORDERS: FOSTER, von DOUSSA and MADGWICK JJ DATE: 13 SEPTEMBER 1996 PLACE: SYDNEY MINUTE OF ORDERS THE COURT ORDERS THAT:

1. The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 552 of 1996 ) GENERAL DIVISION )

On appeal from a Judge of the Federal Court of Australia BETWEEN: ANGELA LIATI Appellant AND: CHRISTOPHER RONALD FITZSIMONS Respondent CORAM: FOSTER, von DOUSSA and MADGWICK JJ DATE: 13 SEPTEMBER 1996 PLACE: SYDNEY REASONS FOR JUDGMENT (Extempore) THE COURT: This is an appeal from a decision of Finn J dismissing an application for review of a sequestration order made against the appellant by a Registrar in Bankruptcy on 23 February 1996. The act of bankruptcy on which the order was based was failure to comply with a bankruptcy notice which was itself based on a default judgment obtained in the Local Court by the respondent. The judgment was in the amount of $4015.67, being for services rendered by the respondent as the appellant's solicitor.