Federal Court of Australia
Federal Court of Australia
Coleman v Veale (No 2) [2023] FCA 1219 File number: NSD 333 of 2023
Judgment of: KENNETT J
Date of judgment: 13 October 2023
Catchwords: COSTS – Application relating to costs of successful application to set aside a bankruptcy notice – whether respondent should bear costs of jurisdiction issue which he did not raise or agitate – whether respondent should bear costs in relation to ground on which applicant was unsuccessful – whether applicant should otherwise be deprived of part of his costs because of lack of engagement in discussions or injustice resulting from deficiencies in bankruptcy notice prescribed form – whether costs should be awarded on a lump sum or percentage basis
Legislation: Bankruptcy Act 1966 (Cth) Civil Dispute Resolution Act 2011 (Cth) s 6 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Bankruptcy Regulations 2021 (Cth) s 12
Cases cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Coleman v Gannaway [2023] FCA 224 Coleman v Veale [2023] FCA 1023 Michael Wilson & Partners Ltd v Porter (No 3) [2022] FCA 998
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 20
Date of last submissions: 21 September 2023
Date of hearing: Determined on the papers
Counsel for the applicant: T Smartt
Solicitor for the applicant: Shiff & Company Lawyers
Counsel for the respondent: J Mee
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