Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Laughton v Gye [2019] FCA 2165 File number: NSD 394 of 2018
Judge: BURLEY J
Date of judgment: 20 December 2019
Catchwords: COSTS – consideration of costs – whether applicant was a secured creditor under s 4 of the Bankruptcy Act 1966 (Cth) following payment into the Supreme Court of New South Wales – whether respondent entitled to indemnity costs – respondent entitled to part of his costs on an ordinary basis – applicant awarded a lump sum for his share of the costs under r 40.02(b) of the Federal Court Rules 2011 (Cth)
Legislation: Bankruptcy Act 1966 (Cth) ss 4, 44 Federal Court Rules 2011 (Cth) r 40.02(b) Legal Profession Act 2004 (Cth) (repealed) ss 368(5), 373
Cases cited: Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29; 93 ALJR 1007 Dura (Australia) Constructions Pty Ltd (in liq) (recs and mgrs. apptd) v Hue Boutique Living Pty Ltd (formerly SC Land Richmond Pty Ltd) [2014] VSCA 326; 49 VR 86 Gye v Laughton [2018] NSWSC 1026 Gye v Laughton [2019] NSWSC 121 London Scottish Benefit Society v Chorley (1884) 13 QBD 872
Date of last submission: 5 December 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: 17
Counsel for the Applicant: Mr J. Wyner
Counsel for the Respondent: Mr V. Gray
Solicitor for the Respondent: Mr C. A. Gye
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