Pascoe v Voukidis Holdings Pty Ltd (Costs) [2024] FCA 1058

Pascoe v Voukidis Holdings Pty Ltd (Costs) [2024] FCA 1058

The Second and Third Respondents are to pay 90% of the Applicant's costs on an indemnity basis, reflecting their conduct and the Applicant's success, excluding the First Respondent due to its unique status as an asset of the bankrupt estates and interests controlled by Christos Voukidis.

Jurisdiction
Australia
Judgment Date
13 September 2024
Procedural Posture
Commercial and Personal Insolvency / Costs Determination Following Substantive Judgment
Outcome
Costs awarded to Applicant against Second and Third Respondents on an indemnity basis, set at 90%. No order as to costs against First Respondent.
Legal Topics
['costs' 'indemnity Costs' 'allocation of Costs' 'trustee in Bankruptcy']
['commercial Law' 'corporations Law' 'insolvency Law'] ['costs' 'indemnity Costs' 'allocation of Costs' 'trustee in Bankruptcy']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Commercial and Personal Insolvency / Costs Determination Following Substantive Judgment

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded to the Applicant' 'Whether costs should be ordered against all Respondents or exclude First Respondent' 'Appropriate allocation of costs between related parties']

Ratio Decidendi

The Second and Third Respondents are to pay 90% of the Applicant's costs on an indemnity basis, reflecting their conduct and the Applicant's success, excluding the First Respondent due to its unique status as an asset of the bankrupt estates and interests controlled by Christos Voukidis.

Court Disposition

Costs awarded to Applicant against Second and Third Respondents on an indemnity basis, set at 90%. No order as to costs against First Respondent.

Orders

  • ['The Second and Third Respondents are jointly and severally liable to pay 90% of the costs of the Applicant on an indemnity basis, to be taxed if not agreed.' 'There be no order as to costs against the First Respondent.']