Carson (by her litigation representative Jodi-Ann Michael) v Gabriele [2024] FCA 702

Federal Court of Australia

Carson (by her litigation representative Jodi-Ann Michael) v Gabriele [2024] FCA 702 File number(s): NSD 903 of 2021

Judgment of: THAWLEY J

Date of judgment: 27 June 2024

Catchwords: PRACTICE AND PROCEDURE – review of Registrar's decision under s 35A(6) of the Federal Court of Australia Act 1976 (Cth) – Registrar granted leave to withdraw creditor's petition – Registrar ordered costs against the respondent in a fixed amount – hearing de novo – Registrar's decision set aside – creditor's petition dismissed – applicant ordered to pay respondent's costs PRACTICE AND PROCEDURE – where applicant incapable of managing own affairs from commencement of proceedings – where applicant did not commence proceedings by her litigation representative – whether litigation representative can be appointed retrospectively to cure an irregularity in the proceedings – litigation representative appointed retrospectively PRACTICE AND PROCEDURE – costs – where respondent paid amount of judgment debts after the due date – where petitioning creditor continued to seek a sequestration order in order to secure payment of costs incurred in bringing and conducting the proceedings before bringing the proceedings to an end – where respondent then engaged legal representatives in relation to the hearing before the Registrar – where petitioning creditor then sought withdrawal of petition BANKRUPTCY – where bankruptcy notice based on four Local Court judgments arising from orders for costs – whether court should go behind judgments – where judgment amount and interest claimed in bankruptcy notice paid after date for payment expired – where respondent was solvent – petition dismissed