Lawrence v Sammut, in the matter of Lawrence [2023] FCA 1170

Lawrence v Sammut, in the matter of Lawrence [2023] FCA 1170

Where a proceeding is dismissed by consent after the applicant has paid the amount claimed, and the applicant effectively surrendered following litigation, it is appropriate for the applicant to pay the respondents' costs on a lump-sum basis, with quantum to be determined by a Registrar.

Parties
Applicant: Wayne James Lawrence; First Respondent: Alice Alexandria Sammut; Second Respondent: Paul William Ciantar
Jurisdiction
Australia
Judgment Date
03 October 2023
Procedural Posture
Application to Set Aside Bankruptcy Notice / Determination of Costs After Proceeding Dismissed by Consent
Outcome
Applicant ordered to pay respondents' costs on a lump-sum basis, with quantum to be determined by a Registrar.
Legal Topics
Costs, Bankruptcy Notices, Dismissal by Consent
Insolvency Law Civil Procedure Costs Bankruptcy Notices Dismissal by Consent

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Parties

Wayne James Lawrence

Applicant

Alice Alexandria Sammut

First Respondent

Paul William Ciantar

Second Respondent

Procedural Posture

Application to Set Aside Bankruptcy Notice / Determination of Costs After Proceeding Dismissed by Consent

Legal Issues

  1. 1 Whether applicant should pay the respondents' costs after proceeding dismissed by consent and amount paid
  2. 2 Whether costs should be awarded on a lump-sum basis and quantum determined by Registrar

Ratio Decidendi

Where a proceeding is dismissed by consent after the applicant has paid the amount claimed, and the applicant effectively surrendered following litigation, it is appropriate for the applicant to pay the respondents' costs on a lump-sum basis, with quantum to be determined by a Registrar.

Court Disposition

Applicant ordered to pay respondents' costs on a lump-sum basis, with quantum to be determined by a Registrar.

Orders

  • The applicant pay the respondents' costs of this proceeding, including reserved costs, on a lump-sum basis.
  • The question of the quantum of lump-sum costs be referred to a Registrar of this Court for further directions and determination.