Australian Competition and Consumer Commission v Global Prepaid Communications Pty Ltd (In Liq) [2008] FCA 874

Australian Competition and Consumer Commission v Global Prepaid Communications Pty Ltd (In Liq) [2008] FCA 874

The Court, being satisfied with the methodology and expert report on the gross sum of costs and noting the lack of opposition, ordered that the relevant costs payable by the specified respondents be assessed as gross sums, notwithstanding intervening bankruptcies. Special liberty was reserved to the trustees in bankruptcy to apply.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: Global Prepaid Communications Pty Ltd (ACN 095 154 108) (In Liquidation); Second Respondent: In Touch Networks Pty Ltd (ACN 098 279 746) (In Liquidation); Third Respondent: Nicholas Yates; Fourth Respondent: Frank Yates; Fifth Respondent: Nicholas Rhodin; Sixth Respondent: Daniel Albert; Seventh Respondent: Russell Fielding
Jurisdiction
Australia
Judgment Date
05 June 2008
Procedural Posture
Application for Assessment of Costs / Post Judgment; Costs Assessment
Outcome
Application granted; costs orders made as gross sums; special liberty to trustees in bankruptcy to apply reserved.
Legal Topics
Assessment of Costs as Gross Sum, Bankruptcy Implications for Costs, Orders for Costs Under Federal Court Rules
Practice and Procedure Bankruptcy Costs Assessment of Costs as Gross Sum Bankruptcy Implications for Costs Orders for Costs Under Federal Court Rules

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Parties

Australian Competition and Consumer Commission

Applicant

Global Prepaid Communications Pty Ltd (ACN 095 154 108) (In Liquidation)

First Respondent

In Touch Networks Pty Ltd (ACN 098 279 746) (In Liquidation)

Second Respondent

Nicholas Yates

Third Respondent

Frank Yates

Fourth Respondent

Nicholas Rhodin

Fifth Respondent

Daniel Albert

Sixth Respondent

Russell Fielding

Seventh Respondent

Procedural Posture

Application for Assessment of Costs / Post Judgment; Costs Assessment

Legal Issues

  1. 1 Whether costs ordered to be payable by certain respondents should be assessed as a gross sum under O 62 r 4(2)(c) of the Federal Court Rules
  2. 2 Implications of intervening bankruptcy in relation to assessment and recovery of costs

Ratio Decidendi

The Court, being satisfied with the methodology and expert report on the gross sum of costs and noting the lack of opposition, ordered that the relevant costs payable by the specified respondents be assessed as gross sums, notwithstanding intervening bankruptcies. Special liberty was reserved to the trustees in bankruptcy to apply.

Court Disposition

Application granted; costs orders made as gross sums; special liberty to trustees in bankruptcy to apply reserved.

Orders

  • Leave granted to the applicant to seek relief against the third and fourth respondents as necessary.
  • Costs payable by the third, fourth, fifth, and sixth respondents pursuant to order 42 made on 27 February 2006 assessed as a gross sum of $1,069,582.87.