Pekar v Jess (Trustee) (No 2) [2020] FCA 1346

Pekar v Jess (Trustee) (No 2) [2020] FCA 1346

There was no sufficient reason to depart from the usual rule that costs follow the event; the respondents were successful in their interlocutory application and are entitled to their costs.

Jurisdiction
Australia
Judgment Date
18 September 2020
Procedural Posture
Interlocutory Application Regarding Costs / Post Interlocutory Application, Costs Determination
Outcome
The appellant ordered to pay the respondents' costs of the interlocutory application
Legal Topics
['costs' 'bankruptcy']
['practice and Procedure' 'commercial and Corporations' 'insolvency'] ['costs' 'bankruptcy']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Interlocutory Application Regarding Costs / Post Interlocutory Application, Costs Determination

Legal Issues

  1. 1 ['Whether costs should follow the event in respect of the interlocutory application' 'Whether there is any basis to depart from the usual rule that costs follow the event']

Ratio Decidendi

There was no sufficient reason to depart from the usual rule that costs follow the event; the respondents were successful in their interlocutory application and are entitled to their costs.

Court Disposition

The appellant ordered to pay the respondents' costs of the interlocutory application

Orders

  • ['Paragraph 2(a) of the orders dated 28 August 2020 set aside.' "Appellant to pay respondents' costs of the interlocutory application dated 23 September 2019, as agreed or assessed."]