Re Nicolson, O. v. Ex parte British Airways PLC [1988] FCA 138

Re Nicolson, O. v. Ex parte British Airways PLC [1988] FCA 138

The order requiring the debtor to pay the costs of the application for setting aside the bankruptcy notice is appropriate, but there should be no order as to costs for the application for substituted service, due to the ex parte nature and lack of special justification.

Parties
Debtor: Odette Nicolson; Creditor: British Airways PLC
Jurisdiction
Australia
Judgment Date
22 March 1988
Procedural Posture
Bankruptcy / Review of Registrar's Order
Outcome
Application to review Registrar's order dismissed regarding setting aside bankruptcy notice and allowed regarding substituted service. Each party to pay its own costs in the review application.
Legal Topics
Costs, Substituted Service, Setting Aside Bankruptcy Notice
Bankruptcy Costs Substituted Service Setting Aside Bankruptcy Notice

Case Brief

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Parties

Odette Nicolson

Debtor

British Airways PLC

Creditor

Procedural Posture

Bankruptcy / Review of Registrar's Order

Legal Issues

  1. 1 Whether the Registrar's order requiring the debtor to pay costs of the creditor for applications for substituted service and setting aside a bankruptcy notice was appropriate.

Ratio Decidendi

The order requiring the debtor to pay the costs of the application for setting aside the bankruptcy notice is appropriate, but there should be no order as to costs for the application for substituted service, due to the ex parte nature and lack of special justification.

Court Disposition

Application to review Registrar's order dismissed regarding setting aside bankruptcy notice and allowed regarding substituted service. Each party to pay its own costs in the review application.

Orders

  • Debtor to pay costs of creditor, including any reserved costs, for application for setting aside the bankruptcy notice.
  • No order as to costs for application for substituted service.