Official Trustee in Bankruptcy v Mateo [2003] FCAFC 97

Official Trustee in Bankruptcy v Mateo [2003] FCAFC 97

The respondents succeeded in resisting the appeal on a basis covered by their submissions. The rejection of many other submissions, the possibility that the Official Trustee might later obtain relief in the Family Court, and the appeal's general importance to trustees were not sufficient reasons to deprive the respondents of the costs of their successful opposition to the appeal.

Jurisdiction
Australia
Judgment Date
21 May 2003
Procedural Posture
Appeal; Costs of Appeal / Reasons for Judgment Regarding Costs After Appeal Dismissed and Costs Reserved
Outcome
The appellant was ordered to pay the respondents' costs of the appeal.
Legal Topics
['costs of Appeal' 'costs Following the Event' 'reserved Costs' 'application Pursuant to S 79 a of the Family Law Act 1975']
['bankruptcy' 'civil Procedure' 'costs'] ['costs of Appeal' 'costs Following the Event' 'reserved Costs' 'application Pursuant to S 79 a of the Family Law Act 1975']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal; Costs of Appeal / Reasons for Judgment Regarding Costs After Appeal Dismissed and Costs Reserved

Legal Issues

  1. 1 ['Whether the successful respondents should receive their costs of the appeal.' 'Whether the costs of the appeal and the hearing before Tamberlin J should abide the outcome of any application pursuant to s 79A of the Family Law Act 1975 or each party should pay their own costs.' 'Whether the general importance of the issues raised by the appeal justified depriving the successful respondents of their costs.']

Ratio Decidendi

The respondents succeeded in resisting the appeal on a basis covered by their submissions. The rejection of many other submissions, the possibility that the Official Trustee might later obtain relief in the Family Court, and the appeal's general importance to trustees were not sufficient reasons to deprive the respondents of the costs of their successful opposition to the appeal.

Court Disposition

The appellant was ordered to pay the respondents' costs of the appeal.

Orders

  • ['The appellant, Official Trustee in Bankruptcy, pay to the respondents, Corazon Bes Mateo, Jeremy Mateo, Jennifer Joy Mateo and Justin James Mateo, their costs of the appeal.']