Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56

HIGH COURT OF AUSTRALIA

GLEESON CJ

GUMMOW, KIRBY, HAYNE AND CRENNAN JJ

KENNETH JOHN FOOTS APPELLANT

AND

SOUTHERN CROSS MINE MANAGEMENT

PTY LTD & ORS RESPONDENTS

Foots v Southern Cross Mine Management Pty Ltd

[2007] HCA 56

7 December 2007

B26/2007

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of Queensland

Representation

P J Dunning SC with S A McLeod and S J Williams for the appellant (instructed by Conroy & Associates)

No appearance for the first and third to tenth respondents

W Sofronoff QC with A M Pomerenke for the second respondent (instructed by Allens Arthur Robinson)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Foots v Southern Cross Mine Management Pty Ltd

Bankruptcy – Provable debt – Costs order – Trial judge gave judgment and awarded damages in favour of second respondent against first respondent and appellant – After judgment appellant became bankrupt upon presentation of own petition – After appellant's bankruptcy trial judge made order for indemnity costs against appellant – Whether costs order was a provable debt within the meaning of s 82 of the Bankruptcy Act 1966 (Cth) – Whether costs order was a debt or liability arising from an obligation before bankruptcy – Whether costs order was a contingent liability – Whether costs order was "incidental" to a provable debt.

Bankruptcy – Stay of proceedings – Whether proceedings in which costs order was sought should have been stayed pursuant to s 58(3) of the Bankruptcy Act 1966 (Cth) – Whether leave to proceed should have been granted pursuant to r 72(1) of the Uniform Civil Procedure Rules 1999 (Q).

Statutes – Interpretation – Relevance of legislative history and antecedent statutes – Relevance of decision in In re British Gold Fields of West Africa [1899] 2 Ch 7.