Amirbeaggi as trustee of the bankrupt estate of John Mamdouh Hanna v Kamel (No 2)

[2020] FCA 50

FEDERAL COURT OF AUSTRALIA

Amirbeaggi as trustee of the bankrupt estate of John Mamdouh Hanna v Kamel (No 2) [2020] FCA 50

File number:	NSD 1722 of 2019
Judge:	YATES J
Date of judgment:	4 February 2020
Catchwords:	COSTS – application by cross-claimant for lump-sum costs order – application granted
Legislation:	Federal Court of Australia Act 1976 (Cth), s 51A
Cases cited:	Amirbeaggi as trustee of the bankrupt estate of John Mamdouh Hanna v Kamel [2019] FCA 1965
Date of hearing:	21 November 2019
Date of last submissions:	3 December 2019
Registry:	New South Wales
Division:	General Division
National Practice Area:	Commercial and Corporations
Sub-area:	General and Personal Insolvency
Category:	Catchwords
Number of paragraphs:	6
Counsel for the Cross-Claimant:	Mr P Cutler
Solicitor for the Cross-Claimant:	SKM Lawyers
Counsel for the First Cross-Respondent:	Mr L Corbett
Solicitor for the Second Cross-Respondent:	The Second Cross-Respondent did not appear

ORDERS

NSD 1722 of 2019

BETWEEN:

SHABNAM AMIRBEAGGI IN HER CAPACITY AS TRUSTEE OF THE BANKRUPT ESTATE OF JOHN MAMDOUH HANNA

Applicant

AND:

MINA ROUSAFLAH YOUSSEF KAMEL

First Respondent

HEDRA FAYEZ NASHED ABDALLA

Second Respondent

REGISTRAR GENERAL OF NSW

Third Respondent

AND BETWEEN:

HEDRA FAYEZ NASHED ABDALLA

Cross-Claimant

AND:

SHABNAM AMIRBEAGGI IN HER CAPACITY AS TRUSTEE OF THE BANKRUPT ESTATE OF JOHN MAMDOUH HANNA (and another named in the Schedule)

First Cross-Respondent

JUDGE:	YATES J
DATE OF ORDER:	4 FEBRUARY 2020

THE COURT ORDERS THAT:

1.The second cross-respondent pay the cross-claimant’s costs in the sum of $5,880.50.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

YATES J:

1. The cross-claimant seeks a lump-sum costs order against the second cross-respondent in the sum of $5,880.50. 

2. On 21 November 2019, default judgment against the second cross-respondent was given in favour of the cross-claimant in the sum of $325,000.00, with pre-judgment interest pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth) in the sum of $32,591.27: Amirbeaggi as trustee of the bankrupt estate of John Mamdouh Hanna v Kamel [2019] FCA 1965.

3. At the time, the cross-claimant foreshadowed that a lump-sum costs order would be sought.  As a consequence, I made programming orders for the filing of affidavits by the cross-claimant and the second cross-respondent on that question.  I also ordered that the question of costs be determined on the papers.  Further, I ordered that, by 28 November 2019, the cross-claimant serve a copy of the orders made on 21 November 2019 on the second cross-respondent.  The cross-claimant has complied with that order.

4. The cross-claimant’s solicitor, Ms Metry, has made an affidavit in support of the order that is sought.  This affidavit has been served on the second cross-respondent.  The second cross-respondent has not filed any affidavit(s) in response.  Given that state of affairs, I will determine the question of costs on the material presently before me.

5. This is an appropriate case for making a lump-sum costs order.  On the basis of Ms Metry’s affidavit, I am satisfied that the amount sought is appropriate. 

6. An order for costs will be made accordingly.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Yates.

Associate:       

Dated:       4 February 2020

SCHEDULE OF PARTIES

NSD 1722 of 2019
Cross-Respondents
Second Cross-Respondent	JARVIS J PTY LTD (ACN 620 436 571)