Re Jorgensen, Alan Bradley; Ex Parte Madgwicks v Jorgensen, Alan Bradley [1998] FCA 678

Re Jorgensen, Alan Bradley; Ex Parte Madgwicks v Jorgensen, Alan Bradley [1998] FCA 678

The applicant Madgwicks should pay two-thirds of the respondent's costs, including reserved costs, due to the substantial failure on the standing issue and in recognition that the ordinary order for costs is not appropriate.

Parties
Applicant: Madgwicks; Respondent: Alan Bradley Jorgensen; Second Applicant: Custom Credit Corporation Ltd
Jurisdiction
Australia
Judgment Date
29 April 1998
Procedural Posture
Application to Set Aside a Composition / Judgment on Costs
Outcome
Application dismissed; order as to costs
Legal Topics
Costs, Standing of Creditor
Insolvency Costs Standing of Creditor

Case Brief

Summary, issues, holding and outcome

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Parties

Madgwicks

Applicant

Alan Bradley Jorgensen

Respondent

Custom Credit Corporation Ltd

Second Applicant

Procedural Posture

Application to Set Aside a Composition / Judgment on Costs

Legal Issues

  1. 1 Should the applicant pay the respondent's costs given the application was unsuccessful?
  2. 2 What order for costs is appropriate considering the issue of standing?

Ratio Decidendi

The applicant Madgwicks should pay two-thirds of the respondent's costs, including reserved costs, due to the substantial failure on the standing issue and in recognition that the ordinary order for costs is not appropriate.

Court Disposition

Application dismissed; order as to costs

Orders

  • No order as to costs against Custom Credit Corporation Ltd.
  • Madgwicks to pay two-thirds of the respondent's costs, including reserved costs, to be taxed if not agreed.