Mokhtar v Piscopo (No 2) [2025] FCA 21

Federal Court of Australia

Mokhtar v Piscopo (No 2) [2025] FCA 21 File number(s): NSD 611 of 2022

Judgment of: PERRY J

Date of judgment: 28 January 2025

Catchwords: COSTS – applicant sought orders that the respondent trustee personally pay the applicant's costs – respondent sought no order as to costs – where applicant was successful in application for removal of respondent as trustee of the applicant's bankrupt estate – consideration of general principles applicable to the discretion to grant costs under s 32 of the Bankruptcy Act 1966 (Cth) – power to award costs to pro bono counsel where counsel and the party have entered into a costs agreement pursuant to r 4.19 of the Federal Court Rules 2011 (Cth) – costs awarded in favour of the applicant

Legislation: Bankruptcy Act 1966 (Cth) ss 31, 139WA, Schedule 2 (Insolvency Practice Schedule Bankrtupcy), ss 2, 90-15 Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) rr 4.18, 4.19 Legal Profession Uniform Law (NSW)

Cases cited: Adsett v Berlouis [1992] FCA 549; (1992) 37 FCR 201 Borg v de Vries (Trustee) in the matter of the Bankrupt Estate of David Morton Bertram [2018] FCA 2116 David Kennedy v Australian Mutual Provident Society (ARBN 008 387 371) [1996] FCA 1045 Forster v Farquhar (1893) 1 QB 564 Hughes v Western Australian Cricket Association (Inc) [1986] FCA 382; (1986) 8 ATPR 40-778 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Mokhtar v Piscopo [2024] FCA 493 Northern Territory v Sangare [2019] HCA 25; (2019) 265 CLR 164 Official Trustee in Bankruptcy v Kent (No 2) [2023] FCA 1396; (2023) 301 FCR 212 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Re Principal Strategic Options Pty Ltd; Coshott v Coshott [2001] FCA 664 Robert Rafec Oayda v Mercantile Mutual Life Insurance Company Limited [1995] FCA 1077 Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 155 FCR 229 Wills v Chief Executive Officer of the Australian Skills Quality Authority (Costs) [2022] FCAFC 43