Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ritson v Commissioner of Police, New South Wales Police Force (No 2) [2019] FCA 1069 Appeal from: Application for a lump sum costs order: Ritson v Commissioner of Police, New South Wales Police Force [2017] FCCA 1204
File number: NSD 1029 of 2017
Judge: ROBERTSON J
Date of judgment: 9 July 2019
Catchwords: COSTS – where costs order in favour of the present applicant – whether appropriate to make a lump sum costs order in a particular amount – whether set-off against a costs order in favour of the present respondent in other proceedings appropriate – whether disqualifying delay in seeking set-off – whether set-off may amount to a preferential payment if bankruptcy proceedings commenced by the respondent against the applicant – against which costs order in favour of the respondent should the set-off order be made
Cases cited: Aristocrat Technologies Australia Pty Ltd v Allam [2017] FCA 812 Miller v DPP (No 2) [2004] NSWCA 249 Re Shaw; Ex parte Andrew v Australia and New Zealand Banking Group Ltd (1977) 31 FLR 118 Dal Pont GE, Law of Costs (4th ed, LexisNexis Butterworths, 2018) at [8.16]
Date of hearing: 9 July 2019
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 9
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: Mr P Afshar
Solicitor for the Respondent: Coleman Greig Lawyers
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