Guss v Johnstone [2000] FCA 1584

Guss v Johnstone [2000] FCA 1584

The second respondent's costs of the appeal, including reserved costs, should be taxed and paid out of the appellant's estate in accordance with s 109(1)(a) of the Bankruptcy Act, and the $5,000 security for costs paid by the appellant should be paid to the second respondent in part satisfaction of taxed costs.

Parties
Appellant: Joseph Guss; First Respondent: Raymond Johnstone; Second Respondent: Geelong Building Society (in liquidation)
Jurisdiction
Australia
Judgment Date
08 November 2000
Procedural Posture
Appeal / Costs Order Following Dismissal of Appeal
Outcome
Appeal dismissed; costs order made in favour of second respondent
Legal Topics
Costs on Appeal, Security for Costs, Sequestration Order
Bankruptcy Costs on Appeal Security for Costs Sequestration Order

Case Brief

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Parties

Joseph Guss

Appellant

Raymond Johnstone

First Respondent

Geelong Building Society (in liquidation)

Second Respondent

Procedural Posture

Appeal / Costs Order Following Dismissal of Appeal

Legal Issues

  1. 1 Whether second respondent's costs of appeal should be taxed and paid out of appellant's estate
  2. 2 Whether the $5,000 security for costs should be paid to the second respondent in part satisfaction of taxed costs
  3. 3 Whether a costs order should be stayed pending special leave application

Ratio Decidendi

The second respondent's costs of the appeal, including reserved costs, should be taxed and paid out of the appellant's estate in accordance with s 109(1)(a) of the Bankruptcy Act, and the $5,000 security for costs paid by the appellant should be paid to the second respondent in part satisfaction of taxed costs.

Court Disposition

Appeal dismissed; costs order made in favour of second respondent

Orders

  • The second respondent's costs of the appeal, including reserved costs, be taxed and paid out of the appellant's estate in accordance with s 109(1)(a) of the Bankruptcy Act 1966 (Cth).
  • The sum of $5,000 (and any interest thereon) paid by the appellant as security for the costs of the appeal be paid to the second respondent in part satisfaction of the second respondent's taxed costs of the appeal.