Spark New Zealand Trading Limited v Lester [2024] FCA 364

Federal Court of Australia

Spark New Zealand Trading Limited v Lester [2024] FCA 364 File number: VID 1087 of 2023

Judgment of: SNADEN J

Date of judgment: 15 April 2024

Catchwords: COSTS – whether foreign bankrupt has standing to seek costs – whether court should exercise discretion to award costs – where costs may vest with foreign trustee – where conduct of successful party was put in issue

Legislation: Bankruptcy Act 1966 (Cth) ss 32, 40, 47 Federal Court of Australia Act 1976 (Cth) s 35A Trans-Tasman Proceedings Act 2010 (Cth) Insolvency Act 2006 (NZ)

Cases cited: Cummings v Claremont Petroleum NL (1996) 185 CLR 124 Griffiths v Civil Aviation Authority (1996) 67 FCR 301 Radich v Bank of New Zealand (1993) 45 FCR 101 Talacko v Talacko [2013] VSC 712

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 23

Date of hearing: 10 April 2024

Counsel for the Applicant: Ms R J McCarthy

Solicitor for the Applicant: MinterEllison

Counsel for the Respondent: Mr M Grady

Solicitor for the Respondent: Taylor Rose Lawyers

ORDERS VID 1087 of 2023

BETWEEN: SPARK NEW ZEALAND TRADING LIMITED Applicant

AND: MARK ANDREW LESTER Respondent

order made by: SNADEN J DATE OF ORDER: 15 april 2024

THE COURT ORDERS THAT:

1. Pursuant to s 47(2) of the Bankruptcy Act 1966 (Cth), the applicant have leave to withdraw its creditor's petition of 18 December 2023. 2. The applicant pay the respondent's costs of and pertaining to the application in an amount to be assessed in default of agreement in accordance with the court's costs practice note (GPN-COSTS). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.