Kitay (Liquidator) v Frigger, in the matter of Frigger (Costs Claim by Supporting Creditors) [2024] FCA 67

Kitay (Liquidator) v Frigger, in the matter of Frigger (Costs Claim by Supporting Creditors) [2024] FCA 67

The application for costs was refused because there was a significant, unexplained delay of over five years, lack of sufficient justification for awarding costs, issues concerning the form and source of evidence relied upon for the costs application, and hardship in requiring the trustee in bankruptcy to now address events from several years earlier, particularly given the modest amount claimed.

Jurisdiction
Australia
Judgment Date
06 February 2024
Procedural Posture
Application for Costs Order / Decision Following Costs Application Post Judgment
Outcome
Application for costs order refused
Legal Topics
['costs' 'sequestration Orders' 'delay in Making Application']
['corporations Law' 'insolvency'] ['costs' 'sequestration Orders' 'delay in Making Application']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Costs Order / Decision Following Costs Application Post Judgment

Legal Issues

  1. 1 ['Whether a costs order should be made in favour of the supporting creditors under liberty reserved by previous court order' 'Whether the delay in making the application for costs was justified']

Ratio Decidendi

The application for costs was refused because there was a significant, unexplained delay of over five years, lack of sufficient justification for awarding costs, issues concerning the form and source of evidence relied upon for the costs application, and hardship in requiring the trustee in bankruptcy to now address events from several years earlier, particularly given the modest amount claimed.

Court Disposition

Application for costs order refused

Orders

  • ['The application for a costs order pursuant to the liberty reserved by order 3 of the orders dated 20 July 2018 is refused.']