Federal Court of Australia
Federal Court of Australia
Bingham v Boensch [2023] FCA 117 Appeal from: Boensch v Bingham (No 2) [2022] FedCFamC2G 47
File number: NSD 141 of 2022
Judgment of: ABRAHAM J
Date of judgment: 22 February 2023
Catchwords: BANKRUPTCY AND INSOLVENCY – appeal from decision of the Federal Circuit and Family Court of Australia – where primary judge ordered bankruptcy notice be set aside on the basis that costs determination did not reflect debt in truth owed – where appellant challenged factual findings of primary judge – whether costs agreements entered into on terms contained in costs disclosures sent to respondent in February and October 2019 – whether liability to pay legal costs regulated by terms of mortgage – appeal dismissed
Legislation: Legal Profession Uniform Law (NSW) ss 172, 174, 179, 180, 184, 198, 199 Legal Profession Uniform Law Application Act 2014 (NSW) ss 70, 71
Cases cited: Anderson v Hill [2017] NSWSC 1149 Bevan v Bingham [2022] NSWSC 863 Boensch v Bingham (No 2) [2022] FedCFamC2G 47 Boensch v Bingham [2022] NSWSC 1432 Boensch v Somerville Legal Pty Ltd [2019] FCCA 868 Codelfa Construction Pty Ltd v State Rail Authority (NSW) [1982] HCA 24; (1982) 149 CLR 337 Colin R Price & Associates Pty Ltd v Four Oaks Pty Ltd [2017] FCAFC 75; (2017) 251 FCR 404 Empirnall Holdings Pty Ltd v Machon Paull Partners Pty Ltd (1988) 14 NSWLR 523 Inspector-General in Bankruptcy v Bradshaw [2006] FCA 22 Maggbury Pty Limited v Hafele Australia Pty Limited [2001] HCA 70; (2001) 210 CLR 181
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