Kirk v Ashdown [1999] FCA 587

Kirk v Ashdown [1999] FCA 587

Due to the serious but irrelevant allegations made by the applicants which could not be shown to have affected the outcome of the Supreme Court judgment, and following the principles in Colgate-Palmolive Company v Cussons Pty Ltd, exceptional costs protection for respondents is warranted, and affidavit material should be sealed as a precaution.

Jurisdiction
Australia
Judgment Date
29 April 1999
Procedural Posture
Bankruptcy Applications / Supplementary Judgment and Orders on Costs and Confidentiality
Outcome
Orders made sealing affidavit material and granting indemnity-type costs to respondents; direction that petition be referred to District Registrar for hearing.
Legal Topics
['costs Orders' 'sealing of Court Documents' 'irrelevant Allegations' 'perjury Allegations']
['bankruptcy' 'civil Procedure'] ['costs Orders' 'sealing of Court Documents' 'irrelevant Allegations' 'perjury Allegations']

Case Brief

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Procedural Posture

Bankruptcy Applications / Supplementary Judgment and Orders on Costs and Confidentiality

Legal Issues

  1. 1 ['Whether affidavit material containing serious allegations should be sealed' 'Whether special orders as to costs should be made due to the nature of allegations in the applications']

Ratio Decidendi

Due to the serious but irrelevant allegations made by the applicants which could not be shown to have affected the outcome of the Supreme Court judgment, and following the principles in Colgate-Palmolive Company v Cussons Pty Ltd, exceptional costs protection for respondents is warranted, and affidavit material should be sealed as a precaution.

Court Disposition

Orders made sealing affidavit material and granting indemnity-type costs to respondents; direction that petition be referred to District Registrar for hearing.

Orders

  • ['All affidavit material filed by the applicants to be sealed in an envelope and not opened save by order of a Judge.' "Applicants to pay the respondents' costs of and incidental to the application (full indemnity subject to exception for unreasonable amount or incurrence)." "Any unpaid costs, if a sequestration...