FEDERAL COURT OF AUSTRALIA Amirbeaggi as trustee of the bankrupt estate of John Mamdouh Hanna v Kamel (No 2) [2020] FCA 50 File number: NSD 1722 of 2019 Judge: YATES J Date of judgment: 4 February 2020 Catchwords: COSTS – application by cross-claimant for lump-sum costs order – application granted Legislation: Federal Court of Australia Act 1976 (Cth), s 51A Cases cited: Amirbeaggi as trustee of the bankrupt estate of John Mamdouh Hanna v Kamel [2019] FCA 1965 Date of hearing: 21 November 2019 Date of last submissions: 3 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: 6 Counsel for the Cross-Claimant: Mr P Cutler Solicitor for the Cross-Claimant: SKM Lawyers Counsel for the First Cross-Respondent: Mr L Corbett Solicitor for the Second Cross-Respondent: The Second Cross-Respondent did not appear ORDERS NSD 1722 of 2019 BETWEEN: SHABNAM AMIRBEAGGI IN HER CAPACITY AS TRUSTEE OF THE BANKRUPT ESTATE OF JOHN MAMDOUH HANNA Applicant AND: MINA ROUSAFLAH YOUSSEF KAMEL First Respondent HEDRA FAYEZ NASHED ABDALLA Second Respondent REGISTRAR GENERAL OF NSW Third Respondent AND BETWEEN: HEDRA FAYEZ NASHED ABDALLA Cross-Claimant AND: SHABNAM AMIRBEAGGI IN HER CAPACITY AS TRUSTEE OF THE BANKRUPT ESTATE OF JOHN MAMDOUH HANNA (and another named in the Schedule) First Cross-Respondent JUDGE: YATES J DATE OF ORDER: 4 FEBRUARY 2020 THE COURT ORDERS THAT: 1. The second cross-respondent pay the cross-claimant's costs in the sum of $5,880.50. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. REASONS FOR JUDGMENT YATES J: 1 The cross-claimant seeks a lump-sum costs order against the second cross-respondent in the sum of $5,880.50. 2 On 21 November 2019, default judgment against the second cross-respondent was given in favour of the cross-claimant in the sum of $325,000.00, with pre-judgment interest pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth) in the sum of $32,591.27: Amirbeaggi as trustee of the bankrupt estate of John Mamdouh Hanna v Kamel [2019] FCA 1965. 3 At the time, the cross-claimant foreshadowed that a lump-sum costs order would be sought. As a consequence, I made programming orders for the filing of affidavits by the cross-claimant and the second cross-respondent on that question. I also ordered that the question of costs be determined on the papers. Further, I ordered that, by 28 November 2019, the cross-claimant serve a copy of the orders made on 21 November 2019 on the second cross-respondent. The cross-claimant has complied with that order. 4 The cross-claimant's solicitor, Ms Metry, has made an affidavit in support of the order that is sought. This affidavit has been served on the second cross-respondent. The second cross-respondent has not filed any affidavit(s) in response. Given that state of affairs, I will determine the question of costs on the material presently before me. 5 This is an appropriate case for making a lump-sum costs order. On the basis of Ms Metry's affidavit, I am satisfied that the amount sought is appropriate. 6 An order for costs will be made accordingly. I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Yates. Associate: Dated: 4 February 2020 SCHEDULE OF PARTIES NSD 1722 of 2019 Cross-Respondents Second Cross-Respondent JARVIS J PTY LTD (ACN 620 436 571)