Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Toben v Jones (No 3) [2011] FCA 767 Citation: Toben v Jones (No 3) [2011] FCA 767
Parties: GERALD FREDRICK TOBEN V JEREMY JONES
File numbers: SAD 69 of 2009 SAD 73 of 2009
Judges: BESANKO J
Date of judgment: 8 July 2011
Catchwords: COSTS — Where applicant ordered to pay costs of respondent — where respondent filed bill of costs — where Registrar made estimate in absence of parties of approximate total on taxation pursuant to O 62 r 46 of the Federal Court Rules — where applicant did not file notice of objection to estimate and certificate of taxation was issued — where order entered pursuant to O 62 r 45(3) that applicant pay respondent's costs in amount contained in certificate of taxation — where applicant sought to have order set aside — where applicant then paid amount of costs to respondent BANKRUPTCY AND INSOLVENCY — where bankruptcy notice founded on costs order issued — where time for compliance with bankruptcy notice expired — application to extend time for compliance with bankruptcy notice HELD: The applications to have the order as to costs set aside and to have the time for compliance with the bankruptcy notice extended were dismissed and the applicant was ordered to pay the respondent's costs.
Legislation: Federal Court Rules O 62 r 46(1) Bankruptcy Act 1966 (Cth) ss 41(6A) and 33(1)(c)
Cases cited: James v Abrahams (1981) 34 ALR 657, cited Toben v Jones [2009] FCAFC 104, cited
Dates of hearing: 30 May, 2, 15, 20 June, 4 July 2011
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