Coumanios v Giunti (No 2) [2017] FCA 1449

Coumanios v Giunti (No 2) [2017] FCA 1449

The applicants failed entirely in their claims, no special circumstances justified departure from the usual order, and the applicants had no standing regarding the property. The respondents are entitled to costs on the party/party basis.

Jurisdiction
Australia
Judgment Date
06 December 2017
Procedural Posture
Costs Application / Post Trial (costs Determination)
Outcome
Applicants to pay the costs of the first and second respondents, as agreed or taxed.
Legal Topics
['costs' 'indemnity Costs' 'trustee Powers' 'disclosure Obligations']
['bankruptcy' 'civil Procedure'] ['costs' 'indemnity Costs' 'trustee Powers' 'disclosure Obligations']

Case Brief

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Procedural Posture

Costs Application / Post Trial (costs Determination)

Legal Issues

  1. 1 ["Whether applicants should pay respondents' costs" 'Whether indemnity costs should be ordered' 'Whether parties should bear their own costs']

Ratio Decidendi

The applicants failed entirely in their claims, no special circumstances justified departure from the usual order, and the applicants had no standing regarding the property. The respondents are entitled to costs on the party/party basis.

Court Disposition

Applicants to pay the costs of the first and second respondents, as agreed or taxed.

Orders

  • ['The applicants are to pay the costs of the first and second respondents as agreed or taxed.']