Federal Court of Australia
Federal Court of Australia
Lawrence v Sammut, in the matter of Lawrence [2023] FCA 1170 File number: NSD 275 of 2022
Judgment of: GOODMAN J
Date of judgment: 3 October 2023
Catchwords: COSTS – proceeding to set aside bankruptcy notice – amount sought subsequently paid – proceeding dismissed by consent – whether costs payable on the basis that the applicant, having litigated for some time, surrendered – costs order made – costs payable on a lump-sum basis with quantum to be determined by a Registrar of the Court
Legislation: Federal Court of Australia Act 1976 (Cth), s 43
Cases cited: Bridging Capital Holdings Pty Ltd v Self Directed Super Funds Pty Ltd [2022] FCA 361 Chapman v Luminis [2003] FCAFC 162 Coshott v Prentice (No 2) [2018] FCAFC 221 Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84; (2018) 97 NSWLR 681 Paciocco v Australia and New Zealand Banking Group Ltd (No 2) [2017] FCAFC 146; (2017) 253 FCR 403
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 28
Date of last submission: 17 August 2023
Date of hearing: Determined on the papers
Solicitor for the Applicant: Mr M Twyford of Twyford Law
Solicitor for the Respondents: Ms K McLean of McLean & Associates Solicitors
ORDERS NSD 275 of 2022 IN THE MATTER OF WAYNE JAMES LAWRENCE BETWEEN: WAYNE JAMES LAWRENCE Applicant
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