Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Low v Barnet (Trustee); In the Matter of Mathai (No 2) [2016] FCA 736 File numbers: NSD 310 of 2014 NSD 769 of 2014
Judge: FOSTER J
Date of judgment: 21 June 2016
Catchwords: COSTS – final orders – whether, in the proper exercise of the Court's discretion as to costs, the applicant (creditor) should have her costs of proceedings brought by her under s 109(10) and s 178 of the Bankruptcy Act 1966 (Cth) (the Act) paid out of the bankrupt's estate even though she was wholly unsuccessful in her s 109(10) case and substantially unsuccessful in her s 178 case – whether, in the alternative, the Court should make no orders as to costs or, in the alternative, apportion costs – whether orders for payment should immediately be made in respect of the applicant's successful claims under s 178 of the Act or whether orders requiring that the said claims be taxed under the Act should be made
Legislation: Bankruptcy Act 1966 (Cth), s 109(10), s 178
Cases cited: Low v Barnet (Trustee); In the Matter of Mathai [2015] FCA 1386, (2015) 13 ABC(NS) 427 Kazar (Liquidator) v Kargarian (2011) 197 FCR 113 Mathai v Kwee [2005] FCA 932, (2005) 3 ABC(NS) 268
Date of hearing: Decided on the Papers
Date of last submissions: 18 December 2015
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 30
Counsel for the Applicant: Mr BA Coles QC, Mr SW Aspinall and Ms J Muir
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