Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rotstein & Associates Pty Ltd v Slaveski [2011] FCA 412 Citation: Rotstein & Associates Pty Ltd v Slaveski [2011] FCA 412
Parties: ROTSTEIN & ASSOCIATES PTY LTD (ACN 117 539 063) v LJUPCO SLAVESKI
File number: VID 567 of 2009
Judge: BROMBERG J
Date of judgment: 20 April 2011
Catchwords: COSTS – whether debtor should pay petitioner's cost where debt paid and petition dismissed – offer – whether refusal of debtor's offer was reasonable – debtor entitled to costs only up until when offer was refused.
Legislation: Bankruptcy Act 1966 (Cth) ss 32, 33, 52(5)
Cases cited: Rotstein & Associates v Slaveski [2010] FCA 493 Saville v Romer [2002] FCA 351 Slaveski v Rotstein & Associates Pty Ltd [2009] FCA 1428 Slaveski v Rotstein & Associates Pty Ltd [2009] FMCA 443
Date of hearing: 20 April 2011
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 20
Solicitor for the Applicant: Mr H Rotstein of Rotstein Lockwood Reddy Lawyers
Counsel for the Respondent: Ms S Slaveska, appeared on behalf of the Respondent
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 567 of 2009
BETWEEN: ROTSTEIN & ASSOCIATES PTY LTD (ACN 117 539 063)
Applicant
AND: LJUPCO SLAVESKI
Respondent
JUDGE: BROMBERG J DATE OF ORDER: 20 APRIL 2011 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The creditor's petition be dismissed. 2. The respondent pay the costs of and incidental to the proceeding incurred by the applicant up to and including 2 February 2010. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.
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