Armstrong Scalisi Holdings Pty Ltd v Piscopo (Trustee), in the matter of Collins [2017] FCA 423

FEDERAL COURT OF AUSTRALIA

Armstrong Scalisi Holdings Pty Ltd v Piscopo (Trustee), in the matter of Collins [2017] FCA 423 File number: NSD 2218 of 2016

Judge: RARES J

Date of judgment: 21 March 2017

Catchwords: COSTS – Corporations Act 2001 (Cth) – s 1335 – application for security for costs against applicant company – where company put on no evidence against application – where company appears to have no assets or be trading COSTS – estimate of costs – solicitors fees – where amount of security and estimate of total costs very large – where estimate of costs involved numerous solicitors performing work ordinarily performed by counsel – whether division of work between solicitors and counsel in preparation of case in accordance with Part VB of Federal Court of Australia Act 1976 (Cth) and fiduciary duties to client – access to justice

Legislation: Bankruptcy Act 1966 (Cth) ss 58, 178 Corporations Act 2001 (Cth) s 1335 Federal Court of Australia Act 1976 (Cth) Pt VB Real Property Act 1900 (NSW) s 74J

Date of hearing: 21 March 2017

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 31

Counsel for the Applicant: Mr A Katsoulas

Solicitor for the Applicant: Kekatos Lawyers

Counsel for the Respondent: Mr AW Smith

Solicitor for the Respondent: Piper Alderman

ORDERS NSD 2218 of 2016 IN THE MATTER OF THE BANKRUPT ESTATES OF ROBERT JAMES COLLINS AND HELEN PATRICIA COLLINS BETWEEN: ARMSTRONG SCALISI HOLDINGS PTY LTD (ACN 114 980 586) Applicant