Morris, C.R. & Anor v. Maroudas, J. & Anor [1986] FCA 223

Morris, C.R. & Anor v. Maroudas, J. & Anor [1986] FCA 223

The hearing had not commenced on 10 April, so the adjournment merely postponed the hearing to a later date and was not a discontinuance of a hearing or an order for a new hearing within s.10(3) of the Federal Proceedings (Costs) Act 1981. The statutory language did not extend to ordinary adjournments, and granting a certificate would strain the subsection contrary to apparent legislative intent.

Jurisdiction
Australia
Judgment Date
06 June 1986
Procedural Posture
Application for Costs Certificate Under the Federal Proceedings (costs) Act 1981 in Bankruptcy Proceedings / After Dismissal of Application to Stay Proceedings in Execution of Judgment; Application for Costs Certificate in Respect of Adjourned Hearing Date
Outcome
Application for costs certificate refused.
Legal Topics
['costs Certificate' 'adjournment' 'discontinuance of Hearing' 'federal Proceedings Costs']
['practice and Procedure' 'bankruptcy' 'costs'] ['costs Certificate' 'adjournment' 'discontinuance of Hearing' 'federal Proceedings Costs']

Case Brief

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Procedural Posture

Application for Costs Certificate Under the Federal Proceedings (costs) Act 1981 in Bankruptcy Proceedings / After Dismissal of Application to Stay Proceedings in Execution of Judgment; Application for Costs Certificate in Respect of Adjourned Hearing Date

Legal Issues

  1. 1 ['Whether an adjournment of the scheduled hearing was a discontinuance of the hearing of proceedings within s.10(3) of the Federal Proceedings (Costs) Act 1981.' 'Whether the applicants should be granted a costs certificate for legal costs incurred on 10 April.']

Ratio Decidendi

The hearing had not commenced on 10 April, so the adjournment merely postponed the hearing to a later date and was not a discontinuance of a hearing or an order for a new hearing within s.10(3) of the Federal Proceedings (Costs) Act 1981. The statutory language did not extend to ordinary adjournments, and granting a certificate would strain the subsection contrary to apparent legislative intent.

Court Disposition

Application for costs certificate refused.

Orders

  • ['Application for costs certificate refused.']