Investec Australia Finance Pty Limited v Naude (No 2) [2016] FCA 835

FEDERAL COURT OF AUSTRALIA

Investec Australia Finance Pty Limited v Naude (No 2) [2016] FCA 835 File number: NSD 1040 of 2014

Judge: FARRELL J

Date of judgment: 22 July 2016

Catchwords: COSTS – creditor's petition – original petition withdrawn with leave of the Court – new petition filed – applicant successful on second petition – appropriateness of a costs order in respect of the entire proceedings – costs limited to the date of presentation of the second creditor's petition

Legislation: Bankruptcy Act 1966 (Cth) s 109(1)(a) Bankruptcy Regulations 1996 (Cth) reg 6.01(1), Sch 3 Federal Court (Bankruptcy) Rules 2016 (Cth) r 13.01(1) Federal Court Rules 2011 (Cth) Pt 40

Cases cited: Investec Australia Finance Pty Limited v Naude [2016] FCA 731

Date of hearing: Heard on the papers

Date of last submission: 30 June 2016

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 4

Counsel for the Applicant: Mr D Sulan

Solicitor for the Applicant: Arnold Bloch Leibler

Counsel for the Respondent: The respondent did not file written submissions

ORDERS NSD 1040 of 2014

BETWEEN: INVESTEC AUSTRALIA FINANCE PTY LIMITED Applicant

AND: ALFRED NAUDE Respondent

JUDGE: FARRELL J DATE OF ORDER: 22 JULY 2016

THE COURT ORDERS THAT:

1. The petitioning creditor's costs in respect of the presentation of and conduct of proceedings upon the 4 May 2015 Creditor's Petition, be taxed and paid from the respondent debtor's estate. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.