Djunaedi v Mohor, in the matter of Mohor [2024] FCA 1073

Djunaedi v Mohor, in the matter of Mohor [2024] FCA 1073

A lump sum costs order is appropriate given both parties agree but dispute quantum; however, evidence provided is inadequate for the Court to fix an amount. The costs dispute is to be referred to a Judicial Registrar acting as referee under s 54A for inquiry and report on the appropriate quantum. It would be inefficient to seek further evidentiary material from parties; the Registrar should make an informed and independent determination.

Parties
First Applicant: Julie Djunaedi; Second Applicant: Deddy Djunaedi; Third Applicant: Antonio Depasquale; Fourth Applicant: Sally Depasquale; Fifth Applicant: Colin Preston; Sixth Applicant: Philip Charlton; Respondent: Veronika Mohor
Jurisdiction
Australia
Judgment Date
16 September 2024
Procedural Posture
Costs Application (in the Matter of Creditor's Petition) / Post Discontinuance; Determination of Costs to Be Referred to Judicial Registrar
Outcome
Lump sum costs order to be made; quantum to be determined by a Judicial Registrar as referee.
Legal Topics
Lump Sum Costs, Discontinuance and Costs Liability, Use of Court Referees in Cost Assessment
Civil Procedure Bankruptcy Costs Lump Sum Costs Discontinuance and Costs Liability Use of Court Referees in Cost Assessment

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Parties

Julie Djunaedi

First Applicant

Deddy Djunaedi

Second Applicant

Antonio Depasquale

Third Applicant

Sally Depasquale

Fourth Applicant

Colin Preston

Fifth Applicant

Philip Charlton

Sixth Applicant

Veronika Mohor

Respondent

Procedural Posture

Costs Application (in the Matter of Creditor's Petition) / Post Discontinuance; Determination of Costs to Be Referred to Judicial Registrar

Legal Issues

  1. 1 Whether a lump sum costs order should be made
  2. 2 Whether the evidence supports adequate determination of a lump sum figure
  3. 3 Appropriate quantum of costs to be fixed

Ratio Decidendi

A lump sum costs order is appropriate given both parties agree but dispute quantum; however, evidence provided is inadequate for the Court to fix an amount. The costs dispute is to be referred to a Judicial Registrar acting as referee under s 54A for inquiry and report on the appropriate quantum. It would be inefficient to seek further evidentiary material from parties; the Registrar should make an informed and independent determination.

Court Disposition

Lump sum costs order to be made; quantum to be determined by a Judicial Registrar as referee.

Orders

  • Matter referred to Judicial Registrar for inquiry and report as referee as to appropriate quantum of a fixed lump sum of costs payable by the applicants to the respondent.
  • Referee to conduct reference in such manner as she thinks fit, affording procedural fairness.