Federal Court of Australia
Federal Court of Australia
Lo Pilato (Trustee), in the matter of the Bankrupt Estate of Farmakis [2021] FCA 1525 File number(s): QUD 56 of 2021
Judgment of: COLLIER J
Date of judgment: 3 December 2021
Catchwords: COSTS – bankrupt seeking interim relief against trustee in bankruptcy – non-party secured creditor granted leave to appear – interim relief discontinued – whether costs order should be made in favour of secured creditor – discretion of Court to award costs to non-parties – relevant principles
Legislation: Bankruptcy Act 1966 (Cth) s 153(3) Federal Court of Australia Act 1976 (Cth) ss 43(1), 43(2)
Cases cited: Kebaro Pty Ltd v Saunders [2003] FCAFC 5 Knight v F P Special Assets Limited (1992) 174 CLR 178; [1992] HCA 28 Life Therapeutics Ltd v Bell IXL Investments Ltd (No 2) (2008) 170 FCR 595; [2008] FCAFC 158 Northern Territory v Sangare (2019) 265 CLR 164; [2019] HCA 25 GE Dal Pont, Law of Costs (5th ed, LexisNexis, 2021)
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 26
Date of hearing: 3 December 2021
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate