Scaife v Coceancig [2012] NSWCA 159

Scaife v Coceancig [2012] NSWCA 159

As the applicant's trustee in bankruptcy elected not to proceed with the summons, it is appropriate that the proceedings be dismissed, and the court is empowered to make a costs order against the bankrupt applicant.

Parties
Applicant: Helen Joy SCAIFE; First Respondent: Angela COCEANCIG; Second Respondent: DISTRICT COURT OF NSW
Jurisdiction
Australia
Judgment Date
21 May 2012
Procedural Posture
Application for Dismissal of Proceedings / Court of Appeal Decision on Respondent's Application to Dismiss Applicant's Summons
Outcome
Applicant's proceedings dismissed; applicant to pay first respondent's costs fixed at $18,750.00
Legal Topics
Application for Dismissal, Bankruptcy and Trustee in Bankruptcy, Costs
Practice and Procedure Application for Dismissal Bankruptcy and Trustee in Bankruptcy Costs

Case Brief

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Parties

Helen Joy SCAIFE

Applicant

Angela COCEANCIG

First Respondent

DISTRICT COURT OF NSW

Second Respondent

Procedural Posture

Application for Dismissal of Proceedings / Court of Appeal Decision on Respondent's Application to Dismiss Applicant's Summons

Legal Issues

  1. 1 Whether proceedings should be dismissed following applicant's bankruptcy and trustee's election not to proceed
  2. 2 Whether costs order may be made against a bankrupt applicant

Ratio Decidendi

As the applicant's trustee in bankruptcy elected not to proceed with the summons, it is appropriate that the proceedings be dismissed, and the court is empowered to make a costs order against the bankrupt applicant.

Court Disposition

Applicant's proceedings dismissed; applicant to pay first respondent's costs fixed at $18,750.00

Orders

  • The proceedings are dismissed.
  • The applicant is to pay the first respondent's costs of the proceedings, including the costs of the Amended Notice of Motion, fixed in the amount of $18,750.00.