Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cetinkaya v Official Trustee in Bankruptcy [2012] FCA 611 Citation: Cetinkaya v Official Trustee in Bankruptcy [2012] FCA 611
Appeal from: Cetinkaya v Official Trustee in Bankruptcy [2011] FMCA 288
Parties: RECEP CETINKAYA and BAHAR CETINKAYA v OFFICIAL TRUSTEE IN BANKRUPTCY AS TRUSTEE OF THE BANKRUPT ESTATE OF RECEP CETINKAYA AND BAHAR CETINKAYA and METIN UNAL
File number: VID 528 of 2011
Judge: BROMBERG J
Date of judgment: 13 June 2012
Catchwords: COSTS – appeal – where continuance of proceedings futile – where proceeding discontinued – whether r 36.73(4) of the Federal Court Rules is determinative on the question of costs where notice of discontinuance is filed – whether adverse costs order is justified because of unreasonable conduct of a party
Legislation: Bankruptcy Act 1966 (Cth) ss 58, 77C, 121, 178 Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 rr 26.12, 36.73
Cases cited: Cetinkaya v Official Trustee in Bankruptcy [2011] FMCA 288 Ruddock v Vadarlis (No 2) (2011) 115 FCR 229 Mineralogy Pty Ltd v National Native Title Tribunal & Ors [1998] FCA 1700 Christodoulou v Disney Enterprises Inc [2006] FCA 902 Re Minister for Immigration and Ethnic Affairs; Ex Parte Lai Qin (1997) 186 CLR 622 Akiba and Another v Queensland (2010) 184 FCR 406 Ann Street Mezzanine Pty Ltd v KPMG [2011] FCA 453 Rickus v Motor Trades Association of Australia Superannuation Fund Pty Ltd (2010) 265 ALR 112
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