Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Levick v Deputy Commissioner of Taxation [2000] FCA 674 PRACTICE AND PROCEDURE – Costs – Costs order made against solicitor acting for a debtor covering work done in respect of certain issues raised in a Notice of Opposition filed in bankruptcy proceedings – Whether order ought to have been made – Unarguable points raised in notice – Trial judge satisfied that the points "originated with lawyers" and were intended to delay the making of a sequestration order – Circumstances in which costs may properly be ordered against a solicitor – Whether it would have been more appropriate to require provision of security for costs. WAYNE R LEVICK v DEPUTY COMMISSIONER OF TAXATION N1466 of 1999 WILCOX, BURCHETT and TAMBERLIN JJ SYDNEY 23 MAY 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1466 of 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: WAYNE R LEVICK
Appellant
AND: DEPUTY COMMISSIONER OF TAXATION
Respondent
JUDGE: WILCOX, BURCHETT and TAMBERLIN JJ
DATE OF ORDER: 23 MAY 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant, Wayne R Levick, pay to the respondent, Deputy Commissioner of Taxation, his costs of the appeal. 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 N1466 of 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: WAYNE R LEVICK
Appellant
AND: DEPUTY COMMISSIONER OF TAXATION
Respondent
JUDGE: WILCOX, BURCHETT and TAMBERLIN JJ
DATE: 23 MAY 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 THE COURT: This is an appeal by a solicitor Wayne Levick, against an order made by a judge of the Court (Hill J) imposing upon him personal liability for certain costs incurred by the respondent, Deputy Commissioner of Taxation ("the Deputy Commissioner"), in relation to bankruptcy proceedings against Paul Quinn, a client of Mr Levick.
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