Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hocking v Yeo (Trustee) [2017] FCA 1307 Appeal from: Yeo & Rambaldi v Arifovic & Anor [2017] FCCA 604
File number(s): VID 461 of 2017
Judge(s): DAVIES J
Date of judgment: 10 November 2017
Catchwords: COSTS – appeal from Federal Circuit Court judgment that the applicant had a 32.52% beneficial interest in property, as conceded by the trustee, against the applicant's claim of 100%; trustee conceded a 50% interest during a case management hearing prior to hearing of the appeal; appellant sought to overturn Federal Circuit Court's orders as to costs on the basis that the decision as to a 32.52% interest "should never have been made"; costs of the appeal
Legislation: Federal Court Rules 2011 (Cth)
Cases cited: Allen v Synder [1977] 2 NSWLR 68 Baumgartner v Baumgartner (1987) 164 CLR 137 Caverley v Green (1984) 155 CLR 250 Cummins v Cummins (2006) 227 CLR 278 Green v Green (1989) 17 NSWLR 343 at 355 Shepherd v Doolan & Ors [2005] NSWSC 42 Shord v Commissioner of Taxation [2017] FCAFC 167 Yeo & Rambaldi v Arifovic and Anor [2017] FCCA 604 Yeo & Rambaldi (as trustees of the bankrupt estate of Arifovic ) v Arifovic & Anor (No.2) [2017] FCCA 1189
Date of hearing: 27 September 2017
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
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