Fong v Douglas (No 2)

The case of Fong v Douglas (No 2) involved a claim for a debt of $20,000 between the parties. The defendant was declared bankrupt before the final orders in the proceedings were made. The stay of the proceedings did not prevent the plaintiff from making a costs order. The primary issue was whether the plaintiff would have succeeded in the proceedings had the defendant not been declared bankrupt. The court held that the plaintiff would have succeeded in the proceedings and ordered the defendant to pay the plaintiff's costs.

The court examined the circumstances surrounding the stay of the proceedings and the likelihood of the plaintiff succeeding in the proceedings if the stay had not occurred. The court noted that the defendant had not provided any evidence to suggest that the plaintiff would not have succeeded in the proceedings. The court held that the stay of the proceedings did not affect the plaintiff's entitlement to costs and that the plaintiff would have succeeded in the proceedings had the defendant not been declared bankrupt. The court also noted that the defendant's bankruptcy did not affect the plaintiff's entitlement to costs.

The court ordered the defendant to pay the plaintiff's costs of the proceedings. The court held that the defendant was liable for the costs because the plaintiff would have succeeded in the proceedings if the defendant had not been declared bankrupt. The court also held that the defendant's bankruptcy did not affect the plaintiff's entitlement to costs. The court ordered the defendant to pay the plaintiff's costs of the proceedings, including the costs of the application for costs.