Moltoni v Macks as trustee for the Bankrupt Estate of Peter Moltoni [2020] FCA 577

FEDERAL COURT OF AUSTRALIA

Moltoni v Macks as trustee for the Bankrupt Estate of Peter Moltoni [2020] FCA 577 File number(s): NSD 162 of 2020

Judge(s): JAGOT J

Date of judgment: 14 April 2020

Catchwords: PRACTICE AND PROCEDURE – security for costs – general principles – applicant undischarged bankrupt – respondent applicant's trustee in bankruptcy

Legislation: Bankruptcy Act 1966 (Cth) Federal Court Act 1976 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: Beach Petroleum NL v Johnson [1992] FCA 110; (1992) 7 ACSR 203 Cowell v Taylor (1885) 31 Ch D 34 KP Cable Investments Pty Ltd v Meltglow Pty Ltd [1995] FCA 76; (1995) 56 FCR 189 Melville v Craig Nowlan & Associates Pty Ltd [2002] NSWCA 32; (2002) 54 NSWLR 82

Date of hearing: 14 April 2020

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 21

Counsel for the Applicant: The Applicant appeared in person

Counsel for the Respondent: N Morcombe QC

Solicitor for the Respondent: Andreyev Lawyers

ORDERS NSD 162 of 2020

BETWEEN: PETER MOLTONI Applicant

AND: PETER IVAN MACKS AS TRUSTEE FOR THE BANKRUPT ESTATE OF PETER MOLTONI Respondent

JUDGE: JAGOT J DATE OF ORDER: 14 APRIL 2020

THE COURT ORDERS THAT:

1. The applicant give security for the respondent's costs in the proceedings in the sum of $25,000. 2. The applicant pay the amount referred to in order (1) into Court within seven days of the date of this order. 3. The proceeding by stayed until the amount referred to in order (1), above, is paid into Court. 4. In the event that the amount in order (1) is not paid into Court by the close of seven business days after the date of this order, the proceeding be dismissed with costs. 5. The applicant pay 80% of the respondent's costs of the interlocutory application, as agreed or taxed. 6. The respondent file and serve the evidence on which he wishes to rely by 5 May 2020. 7. The applicant to file and serve any evidence in reply by 11 May 2020. 8. The matter be listed for hearing on 26 and 27 May 2020. 9. The applicant file and serve a short outline of written submissions by 15 May 2020. 10. The respondent file and serve a short outline of written submissions by 22 May 2020. 11. Liberty to restore on three days' notice. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.