Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lane v Oakley (No 2) [2019] FCA 488 File number: QUD 325 of 2017
Judge: RANGIAH J
Date of judgment: 11 April 2019
Catchwords: BANKRUPTCY – power under s 30(1) of the Bankruptcy Act 1996 (Cth) to order that registrar sign a release of mortgage document COSTS – Calderbank offer – whether indemnity costs should be ordered – whether unreasonable to refuse offer
Legislation: Bankruptcy Act 1966 (Cth) ss 30(1), 120(1) and 121(1) Family Law Act 1975 (Cth) s 106A(1) Federal Court Rules 2011 (Cth) r 40.02
Cases cited: Commonwealth v Gretton [2008] NSWCA 117 Dukemaster Pty Ltd v Bluehive Pty Ltd [2003] FCAFC 1 Calderbank v Calderbank [1975] All ER 333 Leroy as Trustee for the Bankrupt Estate of Shinton v Sun Sheet Metals (Qld) Pty Ltd [2017] FCCA 2735 Sino-Resource Imp & Exp Co Ltd v Oakland Investment Group Ltd (No 2) [2018] QSC 133 Lane v Oakley [2019] FCA 107
Date of hearing: Determined on the papers
Date of last submissions: 22 March 2019 (Applicant) 9 April 2019 (Respondent)
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 19
Counsel for the Applicant: Mr SM Gerber
Solicitor for the Applicant: Griffiths Parry
Counsel for the Respondent: Mr D de Jersey
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