Brott v Grey [2000] FCA 1836

Brott v Grey [2000] FCA 1836

As there were no special circumstances justifying a departure from the general rule, and the applicant failed in his application, the respondents are entitled to their costs. The involvement of the trustee was necessary and proper, and the applicant's partial success did not warrant a different order on costs.

Jurisdiction
Australia
Judgment Date
14 December 2000
Procedural Posture
Application to Set Aside Deed of Arrangement / Post Final Judgment on Costs
Outcome
Applicant to pay the respondents’ costs; previous order as to costs takes effect immediately
Legal Topics
['costs' 'disposition of Costs' 'special Circumstances in Costs Awards' 'deed of Arrangement']
['practice and Procedure' 'bankruptcy'] ['costs' 'disposition of Costs' 'special Circumstances in Costs Awards' 'deed of Arrangement']

Case Brief

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Procedural Posture

Application to Set Aside Deed of Arrangement / Post Final Judgment on Costs

Legal Issues

  1. 1 ['Whether costs should follow the event in the absence of special circumstances' 'Whether there were any special circumstances to justify an order other than costs following the event']

Ratio Decidendi

As there were no special circumstances justifying a departure from the general rule, and the applicant failed in his application, the respondents are entitled to their costs. The involvement of the trustee was necessary and proper, and the applicant's partial success did not warrant a different order on costs.

Court Disposition

Applicant to pay the respondents’ costs; previous order as to costs takes effect immediately

Orders

  • ['The order as to costs made on 29 November 2000 take effect forthwith.' "The applicant pay the respondents' costs of and incidental to the further issue of costs and of the appearance today."]