Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 2) [2022] FCA 1118

FEDERAL COURT OF AUSTRALIA

Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 2) [2022] FCA 1118 File number: NSD 861 of 2019

Judge: MARKOVIC J

Date of judgment: 20 September 2022

Catchwords: COSTS – application for costs to be paid by the respondents on an indemnity basis – where respondents did not accept a Calderbank offer – whether respondents' failure to accept Calderbank offer was unreasonable – where the respondents must have been aware of the difficulties with their defences to the claim – application granted

Legislation: Bankruptcy Act 1966 (Cth) Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) r 40.08(b)

Cases cited: Anchorage Capital Partners Pty Limited v ACPA Pty Ltd (No 2) [2018] FCAFC 112 Calderbank v Calderbank [1975] 3 All ER 333 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397; [1988] FCA 364 Loyola v Cryeng Pty Ltd (No 2) [2012] FCAFC 98

Date of hearing: 6 September 2022

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 29

Counsel for the Applicant: Mr S Golledge SC and Mr D Edney

Solicitor for the Applicant: Matthews Folbigg Lawyers

Counsel for the Respondent: Mr J Stoljar and Ms W Liu

Solicitor for the Respondent: Bartier Perry Lawyers (9 September 2019 – 8 November 2019) Roser Lawyers (11 November 2019 – 5 February 2020) Drayton Sher Lawyers (4 February 2020 – 3 August 2021) Sydney Law Practice (22 November 2021 – 31 March 2022) Addisons Lawyers (from 22 April 2022)