Hekeik v Carpenter

[2017] FCCA 1704

FEDERAL CIRCUIT COURT OF AUSTRALIA

HEKEIK & ANOR v CARPENTER [2017] FCCA 1704

Catchwords:
BANKRUPTCY – Assessment of costs under Federal Circuit Court scale.

First Applicant: RAYMOND HEKEIK

Second Applicant: ANTHONY HEKEIK

Respondent: ROBERT CARPENTER

File Number: SYG 890 of 2017

Judgment of: Judge Cameron

Hearing date: On the papers

Date of Last Submission: 3 July 2017

Delivered at: Sydney

Delivered on: 24 July 2017

REPRESENTATION

Solicitors for the Applicants: Hunt & Hunt

Solicitors for the Respondent: Paramonte Legal

ORDER

1. The applicants pay the respondent’s costs assessed in the sum of $5,674.50.

FEDERAL CIRCUIT COURT
OF AUSTRALIA

AT SYDNEY

SYG 890 of 2017

RAYMOND HEKEIK

First Applicant

ANTHONY HEKEIK

Second Applicant

And

ROBERT CARPENTER

Respondent

REASONS FOR JUDGMENT

INTRODUCTION

1. On 23 June 2017 I dismissed the applicants’ application seeking the setting aside of a bankruptcy notice served on them on 2 March 2017.  I ordered the applicants to pay the respondent’s costs as agreed or assessed.  A timetable for the making of written submissions on the question of costs was made on that occasion and the parties agreed that the issue was to be determined without an oral hearing.

2. The respondent filed written submission on 3 July 2017 and the applicants had until 10 July 2017 to file their own written submissions.  No submissions from the applicants have been filed.

DISCUSSION

1. In his written submissions, the respondent contended that costs should be quantified as follows:

   These submissions have been calculated from the table of costs in Schedule 1 of the Federal Circuit Court Rules 2001:

Item 1

Initiating or opposing an application up to the completion of the first Court date.

$2,887

Item 4  

[recte: item 9]

Final hearing costs for attendance of solicitor at hearing to take judgment and explain orders

$284

Item 13(a)

Daily hearing fee – short mention on the following dates:

11 April 2017: $294

26 Apr 2017:  $294

12 May 2017: $294

Item 13(b)

Daily hearing fee – half day hearing plus advocacy loading.

22 [sic] July 2017:  $1,081 + 50% advocacy loading (item 12) = $1,621.50

Total:

$5,674.50

1. Given the comparative simplicity of the matter I consider it appropriate to apply the Court’s ordinary scale of costs so as to achieve a quick and inexpensive resolution of this remaining issue. 

2. Subject to the correction noted above, I agree with the items which the respondent has cited and also with his calculations.  Item 9 would normally apply to an appearance to take judgment but, on balance, having regard to the nature of the matter, the totality of costs sought and the need to explain the judgment of 23 June 2017 regardless of whether a separate listing was involved, I am satisfied that it is appropriate to allow that item in its entirety.

CONCLUSION

1. The costs ordered on 23 June 2017 are assessed at $5,674.50.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Judge Cameron

Associate: 

Date:  24 July 2017