Federal Court of Australia
Federal Court of Australia
Dimitriou v Piscopo [2021] FCA 1201 File number: NSD 355 of 2021
Judgment of: STEWART J
Date of judgment: 5 October 2021
Catchwords: PRACTICE AND PROCEDURE – application for leave to file notice of discontinuance – costs – whether indemnity costs should be ordered – where applicant's originating application made serious allegations – where allegations unsupported by any evidence – role of intemperate, abusive and harassing correspondence – effect of costs order against a bankrupt
Legislation: Bankruptcy Act 1966 (Cth) ss 82, 153B(1) Federal Court of Australia Act 1976 (Cth) ss 37M and 37N Federal Court Rules 2011 (Cth) rr 5.21(a), 5.23(1), 16.21, 26.12(7)
Cases cited: Adsett v Berlouis [1992] FCA 549; 37 FCR 201 Dimitriou v Pineview Property Holdings Pty Ltd [2020] FCAFC 218 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; 234 CLR 52 Lathwell v Lathwell [2008] WASCA 256 (S) Pineview Property Holdings Pty Ltd v Dimitriou (No 2) [2019] FCA 1416
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
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