Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Principal Strategic Options Pty Ltd, in the matter of Coshott v Coshott [2001] FCA 664
COSTS – Bankruptcy proceeding – whether general rule as to costs should be departed from – appointment of trustee under s 50 of the Bankruptcy Act 1966 (Cth) – relevance of undertaking as to damages – judgment debt of original petitioning creditor set aside on appeal – debtor thereafter solvent – relevance of conduct of debtor in not paying creditors including substituted petitioning creditor Bankruptcy Act 1966 (Cth) ss 32, 50 Re Skase; ex parte Donnelly (1992) 37 FCR 509, followed Cummings v Lewis [1992] FCA 334, applied Sarina v Council of the Shire of Wollondilly (1980) 48 FLR 372, considered Alexander v Cambridge Credit Corp Ltd (1985) 2 NSWLR 685, cited Powerflex Services Pty Ltd v Data Access Corp (1996) 67 FCR 65, cited IN THE MATTER OF ROBERT GILBERT COSHOTT PRINCIPAL STRATEGIC OPTIONS PTY LIMITED (ACN 061 968 910) v ROBERT GILBERT COSHOTT N 7559 of 2000 IN THE MATTER OF ROBERT GILBERT COSHOTT SHIPTON THOROUGHBREDS v ROBERT GILBERT COSHOTT N 7558 of 2000 BRANSON J SYDNEY 6 JUNE 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7559 of 2000
BETWEEN: PRINCIPAL STRATEGIC OPTIONS PTY LIMITED
(ACN 061 968 910)
APPLICANT
AND: ROBERT GILBERT COSHOTT
RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 6 JUNE 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. There be no order as to costs; and 2. Principal Strategic Options Pty Limited pay the expenses and remuneration of the trustee. 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 N 7558 of 2000
BETWEEN: PRINCIPAL STRATEGIC OPTIONS PTY LIMITED
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