Aravanis & Roy (Trustees), in the matter of Destanovic (Bankrupt) v Destanovic (No 2) [2016] FCA 1005

Aravanis & Roy (Trustees), in the matter of Destanovic (Bankrupt) v Destanovic (No 2) [2016] FCA 1005

Because the Trustees had received the monies to be recovered under the Notice, the amount of costs had been agreed, the proposed orders were consent orders, and the Court was satisfied that the Federal Court of Australia Act 1976 (Cth) and Federal Court Rules 2011 (Cth) authorised the orders, it was in the interests of the just and economic resolution of the matter to vacate the previous sale-related orders while preserving the fixed costs order.

Jurisdiction
Australia
Judgment Date
19 August 2016
Procedural Posture
Bankruptcy; Practice and Procedure / Consent Orders Determined on the Papers to Vacate Previous Orders
Outcome
Consent orders made vacating orders 2 to 7 made on 13 April 2016, save for the respondent's liability for specified legal costs, and noting agreed costs and payment.
Legal Topics
['charge Over Property Under the Bankruptcy Act 1966 (cth)' 'sale of Charged Property' 'consent Orders' 'vacating Previous Orders' 'costs']
['bankruptcy' 'insolvency' 'practice and Procedure'] ['charge Over Property Under the Bankruptcy Act 1966 (cth)' 'sale of Charged Property' 'consent Orders' 'vacating Previous Orders' 'costs']

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Procedural Posture

Bankruptcy; Practice and Procedure / Consent Orders Determined on the Papers to Vacate Previous Orders

Legal Issues

  1. 1 ['Whether orders previously made for vacant possession, issue of a writ of possession, sale of the Property and application of proceeds should be vacated by consent after payment of the judgment sum, interest and agreed costs.' 'Whether s 22 and s 43(3)(d) of the Federal Court of Australia Act 1976 (Cth) and rr 39.05(a), 39.05(f) and 39.11 of the Federal Court Rules 2011 (Cth) authorised the making of the consent orders sought.']

Ratio Decidendi

Because the Trustees had received the monies to be recovered under the Notice, the amount of costs had been agreed, the proposed orders were consent orders, and the Court was satisfied that the Federal Court of Australia Act 1976 (Cth) and Federal Court Rules 2011 (Cth) authorised the orders, it was in the interests of the just and economic resolution of the matter to vacate the previous sale-related orders while preserving the fixed costs order.

Court Disposition

Consent orders made vacating orders 2 to 7 made on 13 April 2016, save for the respondent's liability for specified legal costs, and noting agreed costs and payment.

Orders

  • ["The orders of the Court made on 13 April 2016 numbered 2 to 7 inclusive be vacated save that the respondent pay the applicants' legal costs in relation to paragraph 7(b) of those orders fixed in the sum of $11,547.10." "The parties have agreed that the applicants' costs of these proceedings are $37,870.73." 'The...