Federal Court of Australia
Federal Court of Australia
Tse v Evans as trustee in bankruptcy for Ngo (No 2) [2024] FCA 1020 File number(s): NSD 551 of 2024
Judgment of: PERRY J
Date of judgment: 4 September 2024
Catchwords: COSTS – application for costs against bankrupt – bankrupt not a party to the proceeding – consideration of principles relating to the grant of costs against a non-party – where trustees in bankruptcy do not relevantly stand in the shoes of the bankrupt– where the applicants failed to discharge their burden of proving that the bankrupt's motivation for entering bankruptcy was to thwart proceedings in the Supreme Court of New South Wales – where the applicants failed to establish there was a sufficient connection between this proceeding and the bankrupt – where the bankrupt was not given notice of the costs application – held: application refused and no order for costs made
Legislation: Bankruptcy Act 1966 (Cth) ss 27, 2, 58(3)(b) Evidence Act 1995 (Cth) s 140(2) Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 43(1)
Cases cited: Bailey v Repatriation Commission [2019] FCA 1840 Bischof v Adams [1992] 2 VR 198 Bradshaw v McEwans Pty Ltd (1951) 217 ALR 1 Briginshaw v Briginshaw (1938) 60 CLR 336 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Competition and Consumer Commission [2007] FCAFC 132; (2007) 162 FCR 466 Court House Capital Pty Ltd v RP Data Pty Ltd [2023] FCAFC 192 Dymocks Franchise Systems (NSW) Pty Ltd v Todd and Others (No 2) [2004] UKPC 39; [2004] 1 WLR 2807 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; (2007) 234 CLR 52 Hardingham v RP Data Pty Limited (Third Party Costs) [2023] FCA 480 Henderson v Queensland [2014] HCA 52; (2014) 255 CLR 1 Knight v FP Special Assets Ltd (1992) 174 CLR 178 M v D (1994) 122 FLR 449 Re ACN 607 358 887 (formerly known as Carzapp Pty Ltd) (No 4) [2020] NSWSC 417 Re Ayre; Ex parte Deputy Commissioner of Taxation (1995) 130 ALR 648 Rejfek v McElroy (1965) 112 CLR 517 Rhesa Shipping Co SA v Edmunds and Another: The Popi M [1985] 2 All ER 712 Sullivan v Civil Aviation Safety Authority [2014] FCAFC 93; (2014) 226 FCR 555 Tse v Evans as trustee in bankruptcy for Ngo [2024] FCA 787
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