Anne v Ask Funding Ltd (No 2)

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FEDERAL COURT OF AUSTRALIA

Anne v Ask Funding Ltd (No 2) [2015] FCA 1351

Citation: Anne v Ask Funding Ltd (No 2) [2015] FCA 1351
Appeal from: Ask Funding Ltd v Anne [2014] FCCA 2741
Parties: PATRICIA ANNE v ASK FUNDING LTD and THE TRUSTEES OF THE PROPERTY OF PATRICIA ANNE, A BANKRUPT
File number: QUD 619 of 2014
Judge: RANGIAH J
Date of judgment: 2 December 2015
Catchwords: COSTS – litigant in person – where appeal allowed – whether litigant entitled to costs – awarded half out-of-pocket expenses actually, necessarily and reasonably incurred
Cases cited: Cachia v Hanes (1994) 179 CLR 403
Von Reisner v Commonwealth (2009) 262 ALR 430
Date of hearing: Heard on the papers
Date of last submissions: 30 October 2015 (Appellant)
6 November 2015 (First Respondent)
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 11
Counsel for the Appellant: Dr R Gill, appeared on behalf of the appellant
Counsel for the First Respondent: Mr FG Forde
Solicitor for the First Respondent: DibbsBarker
Counsel for the Second Respondent: The second respondent filed a submitting notice

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

GENERAL DIVISION

QUD 619 of 2014
ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA
BETWEEN:

PATRICIA ANNE
Appellant
AND:

ASK FUNDING LTD
First Respondent

THE TRUSTEES OF THE PROPERTY OF PATRICIA ANNE, A BANKRUPT
Second Respondent

JUDGE:

RANGIAH J

DATE OF ORDER:

2 DECEMBER 2015

WHERE MADE:

BRISBANE

THE COURT ORDERS THAT:

1.The first respondent pay half the appellant’s out-of-pocket expenses actually, necessarily and reasonably incurred in connection with the appeal.

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


IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

GENERAL DIVISION

QUD 619 of 2014
ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA
BETWEEN:

PATRICIA ANNE
Appellant
AND:

ASK FUNDING LTD
First Respondent

THE TRUSTEES OF THE PROPERTY OF PATRICIA ANNE, A BANKRUPT
Second Respondent

JUDGE:

RANGIAH J

DATE:

2 DECEMBER 2015

PLACE:

BRISBANE

REASONS FOR JUDGMENT

  1. On 23 October 2015, I allowed the appellant’s appeal and set aside a sequestration order made against her estate by the Federal Circuit Court of Australia:  Anne v Ask Funding Ltd [2015] FCA 1111.

  2. The basis of my judgment was that the bankruptcy notice was invalid because it was founded upon two costs orders but the Australian Financial Security Authority (“AFSA”) had attached only one of the orders when it electronically issued the bankruptcy notice.

  3. In addition, the first respondent’s solicitors attached the missing order before serving the bankruptcy notice, or at least served the bankruptcy notice with the second order such that it gave the appearance that the bankruptcy notice had been issued with both orders electronically attached. That this had occurred was not revealed by the first respondent to the appellant or to the Federal Circuit Court. It only became apparent in the course of the appeal.

  4. The appellant and the first respondent have provided written submissions as to costs.…

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Details
Case
[2015] FCA 1351
Decision Date

CaseChat Overview and Summary

The appeal before the court involved Anne, a litigant in person, and Ask Funding Ltd, the first respondent, following a decision from an earlier proceeding. The central dispute was the entitlement of Anne to costs incurred during the appeal process. The court was tasked with determining whether Anne, who represented herself in the litigation, was eligible for a portion of the costs she had expended on the appeal.

The primary legal issue before the court was whether Anne, having represented herself in the proceedings, was entitled to be reimbursed for a portion of the costs she incurred in relation to the appeal. This included assessing the necessity and reasonableness of the expenses claimed. The court had to balance the principle of fairness in litigation against the policy considerations that discourage litigants in person from incurring excessive costs.

The court ruled that Anne was entitled to half of the out-of-pocket expenses she actually, necessarily, and reasonably incurred in connection with the appeal. In reaching this decision, the court considered the specific circumstances of the case, the conduct of the parties, and the overall fairness of the outcome. The court determined that while litigants in person should not be overly compensated for their own representation, they should not be entirely deprived of reasonable expenses either. Consequently, the court awarded Anne half of her claimed out-of-pocket expenses, reflecting a balanced approach to the matter.

The court's final order was that the first respondent, Ask Funding Ltd, pay half of the appellant's out-of-pocket expenses actually, necessarily, and reasonably incurred in connection with the appeal. This decision was made in accordance with Rule 39.32 of the Federal Court Rules 2011, which governs the entry of orders in such cases.

Orders

Orders of the court

1. The first respondent pay half the appellant’s out-of-pocket expenses actually, necessarily and reasonably incurred in connection with the appeal.

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

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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