Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Campbell v van der Velde as trustee of the bankrupt estate of Marilyn Anne Rowan, in the matter of Rowan (No 2) [2020] FCA 823 File number: NSD 1743 of 2016
Judge: FARRELL J
Date of judgment: 12 June 2020
Catchwords: COSTS – consideration of the circumstances in which the Court may depart from the ordinary rule as to costs – whether parties acted unreasonably in refusing offers of compromise – where outcome achieved only marginally better than the best offer – whether trustee in bankruptcy entitled to rely on offers made by the bankrupt to settle proceedings prior to appointment – where some offers made to a company controlled by the applicants in separate proceedings – whether exercise of trustee's duties under s 19(1)(j) and (k) of Bankruptcy Act 1966 (Cth) are relevant to issue of costs – where none of the parties behaved wholly commercially or efficiently in the conduct of the litigation with regard to ss 37M and 37N Federal Court of Australia Act 1976 (Cth) – respondent ordered to pay 90% of applicants' costs on a party and party basis.
Legislation: Bankruptcy Act 1966 (Cth) ss 5, 19, 19AA, 58 Civil Dispute Resolution Act 2011 (Cth) ss 4, 6, 7, 11, 12 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 43
Cases cited: Australian Firearms and Munitions Pty Ltd v Attorney-General (No 2) [2018] FCA 1937 Calderbank v Calderbank [1975] 3 All ER 333; [1975] 3 WLR 586 Campbell v van der Velde as trustee of the bankrupt estate of Marilyn Anne Rowan, in the matter of Rowan [2019] FCA 1871 Northern Territory v Sangare [2019] HCA 25; (2019) 265 CLR 164 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Qantas Airways Limited v Lustig (No 2) [2015] FCA 782 Umoona Tjutagku Health Service Aboriginal Corporation v Walsh [2019] FCAFC 32; (2019) 268 FCR 401 Waterman v Gerling (Costs) [2005] NSWSC 1111 Walsh v Umoona Tjutagku Health Service Aboriginal Corporation (No 3) [2017] FCA 1203
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