Ferella v Official Trustee in Bankruptcy [2016] NSWCA 27

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ferella v Official Trustee in Bankruptcy [2016] NSWCA 27 Hearing dates: On the papers Decision date: 08 March 2016 Before: Bergin CJ in Eq, Tobias AJA, Emmett AJA Decision: 1. The appellants pay the first respondent's costs of the appeal on an indemnity basis Catchwords: PROCEDURE - costs - arguments advanced by the appellants were so lacking in merit as to warrant an award of indemnity costs of the appeal - appeals as to costs - whether to award indemnity costs Legislation Cited: Conveyancing Act 1919 (NSW), s 66G Category: Costs Parties: Nida Ferella (First Appellant) Gustavo Ferella (Second Appellant) The Official Trustee in Bankruptcy (First Respondent) The Registrar General (Second Respondent) Representation: Counsel: Mr RK Newton (First and Second Appellants) Solicitors: Zali Burrows Lawyers (First and Second Appellants) Craddock Murray Newmann Lawyers (First Respondent) File Number(s): 2014/374828 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division Citation: [no medium neutral citation for the Orders below] Date of Decision: 18 December 2014 Before: Nicholas AJ File Number(s): 2014/204343

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]