Russo v Private Funds Management Pty Ltd [2011] FCA 872

Russo v Private Funds Management Pty Ltd [2011] FCA 872

Because the appeal had been dismissed, the Respondents sought the usual costs order for such unsuccessful bankruptcy appeals, and Mr Russo filed no submissions opposing costs, the Respondents' costs of the appeal should be taxed and paid out of the Appellant's estate in accordance with para 109(1)(a) of the Bankruptcy Act 1966 (Cth).

Jurisdiction
Australia
Judgment Date
05 August 2011
Procedural Posture
Bankruptcy Appeal / Costs Following Dismissal of Appeal
Outcome
The Respondents' costs order was made.
Legal Topics
['costs of Appeal' 'bankrupt Estate' 'sequestration Order']
['bankruptcy' 'civil Procedure'] ['costs of Appeal' 'bankrupt Estate' 'sequestration Order']

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

Bankruptcy Appeal / Costs Following Dismissal of Appeal

Legal Issues

  1. 1 ["Whether the Respondents' costs of the unsuccessful appeal should be taxed and paid out of Mr Russo's bankrupt estate."]

Ratio Decidendi

Because the appeal had been dismissed, the Respondents sought the usual costs order for such unsuccessful bankruptcy appeals, and Mr Russo filed no submissions opposing costs, the Respondents' costs of the appeal should be taxed and paid out of the Appellant's estate in accordance with para 109(1)(a) of the Bankruptcy Act 1966 (Cth).

Court Disposition

The Respondents' costs order was made.

Orders

  • ["The Respondents' costs of the appeal, including reserved costs, be taxed and paid out of the Appellant's estate in accordance with para 109(1)(a) of the Bankruptcy Act 1966 (Cth)."]