Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
LFDB v MS S M (No 2) [2018] FCA 2062 File number: NSD 1448 of 2018
Judge: MARKOVIC J
Date of judgment: 20 December 2018
Catchwords: COSTS – lump sum costs – whether costs should be fixed in a lump sum – application allowed.
Legislation: Federal Court of Australia Act 1976 (Cth) ss 20A(2), 43 Federal Court Rules 2011 (Cth) r 40.02(b)
Cases cited: Bitek Pty Ltd v IConnect Pty Ltd (2012) 290 ALR 288; [2012] FCA 506 LFDB v MS S M [2018] FCA 1397 Paciocco v ANZ (No 2) (2017) 253 FCR 403 Su v Australian Fisheries Management Authority (No 3) [2008] FCA 2018
Date of hearing: Determined on the papers
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 27
Solicitor for the Applicant: Knight Family Lawyers
Solicitor for the Respondent: Marque Lawyers
ORDERS NSD 1448 of 2018
BETWEEN: LFDB Applicant
AND: MS S M Respondent
JUDGE: MARKOVIC J DATE OF ORDER: 20 December 2018
THE COURT ORDERS THAT:
1. The applicant pay the respondent's costs on a lump sum basis in the sum of $20,950. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
MARKOVIC J: 1 On 13 September 2018 the Court made orders dismissing LFDB's application to set aside a bankruptcy notice served on him by MS S M (Application) and ordering that LFDB pay MS S M's costs of that application: see LFDB v MS S M [2018] FCA 1397. MS S M has applied for an order that those costs be awarded in a lump sum. 2 In support of the application MS S M relies on an affidavit affirmed by her solicitor, Damian Bruce Sturzaker on 20 September 2018. In response, LFDB relies on an affidavit affirmed by him on 1 November 2018. The parties agreed that they would not provide submissions and that it was appropriate for the Court to proceed on the basis of their respective affidavits. 3 The parties also agreed that the issue of whether costs should be awarded on a lump sum basis and, if so, the quantification of those costs, should proceed on the papers. I was satisfied that these issues could be dealt with in that way: see s 20A(2)(c)(ii) of the Federal Court of Australia Act 1976 (Cth) (Federal Court Act).
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