Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Young, in the matter of Macryannis (No 2) [2012] FCA 175 Citation: Young, in the matter of Macryannis (No 2) [2012] FCA 175
Parties: GEOFFREY DAVID MCDONALD AS TRUSTEE OF THE BANKRUPT ESTATE OF THE LATE CHRISTOPHER JOHN MACRYANNIS AND KATHRYN ANNE YOUNG
File number: NSD 1955 of 2006
Judges: STONE J
Date of judgment: 2 March 2012
Catchwords: COSTS – principles relevant to an award of costs – Court has unfettered discretion – Trustee to be treated as an ordinary litigant – consideration given to what would be just in the circumstances
Legislation: Bankruptcy Act 1966 (Cth) Part XI, s 179
Cases cited: Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Cummings v Lewis [1992] FCA 334 Deputy Commissioner of Taxation v Wily [1999] FCA 881 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Re Bryant, Ex parte Gordon (1889) 6 Mor 262 Re Nader, T. Ex Parte; Official Trustee in Bankruptcy and Anor [1991] FCA 394 Re Skase; ex parte Donnelly (1992) 37 FCR 509 Tetijo Holdings Pty Ltd v Keeprite Australia Pty Ltd [1991] FCA 225 Young, in the matter of Macryannis (2011) 124 ALD 28
Date of hearing: Determined on the papers
Date of last submissions: 6 December 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 25
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