Kessly v Beadle as Trustee of the Bankrupt Estate of Evangelina Francisca Kessly (No 3)

[2020] FCA 1137

FEDERAL COURT OF AUSTRALIA

Kessly v Beadle as Trustee of the Bankrupt Estate of Evangelina Francisca Kessly (No 3) [2020] FCA 1137   

File number:

NSD 1933 of 2019

Judgment of:

BURLEY J

Date of judgment:

7 August 2020

Catchwords:

COSTS – lump sum costs order

Cases cited:

Kessly v Beadle as Trustee of the Bankrupt Estate of Evangelina Francisca Kessly [2020] FCA 607

Kessly v Beadle as Trustee of the Bankrupt Estate of Evangelina Francisca Kessly (No 2) [2020] FCA 975

Registry:

New South Wales

Division:

General Division

National Practice Area:

Commercial and Corporations

Sub-area

General and Personal Insolvency

Number of paragraphs:

5

Date of last submissions:

31 July 2020

Date of hearing:

Determined on the papers

Counsel for the Applicant:

Mr C. J. Bevan

Solicitor for the Applicant:

John D. Bingham Solicitor

Solicitor for the Respondent:

Ms A. Kozary of Piper Alderman

Counsel for the Intervener:

Mr P. Afshar

Solicitor for the Intervener:

Benjamin Khoury Solicitors and Attorneys

ORDERS

NSD 1933 of 2019

BETWEEN:

EVANGELINA FRANCISCA KESSLY

Applicant

AND:

KRISTEN BEADLE AS TRUSTEE OF THE BANKRUPT ESTATE OF EVANGELINA FRANCISCA KESSLY

Respondent

BENJAMIN & KHOURY PTY LTD

Intervener

ORDER MADE BY:	BURLEY J
DATE OF ORDER:	7 AUGUST 2020

THE COURT ORDERS THAT:

1.Pursuant to r 40.02(b) of the Federal Court Rules 2011 (Cth) the costs awarded in order 5 of the orders made on 10 July 2020 are fixed in the sum of $27,038.15.

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

REASONS FOR JUDGMENT

BURLEY J:

1. In these proceedings I have delivered two earlier judgments: Kessly v Beadle as Trustee of the Bankrupt Estate of Evangelina Francisca Kessly [2020] FCA 607 was published on 8 May 2020, and Kessly v Beadle as Trustee of the Bankrupt Estate of Evangelina Francisca Kessly (No 2) [2020] FCA 975 was published on 10 July 2020. These reasons use the definitions in those judgments.

2. In order 5 made on 10 July 2020 I directed that the parties file evidence and submissions in relation to the residual question of the amount of BK’s costs in these proceedings, which the Court would assess on the papers. BK and Mrs Kessly have filed evidence and submissions in accordance with those directions.

3. The total amount of costs sought by BK is $31,809.59, including counsel fees and printing costs but excluding work performed by BK or its employees. That amount is supported by the affidavit of Werrdan Reginald Khoury sworn on 17 July 2020, which annexes the tax invoices issued by counsel.

4. Having regard to the submissions advanced, in my view the amount sought by BK should be discounted by 15 per cent to take into account the likely rebate for GST, and to reduce the amount sought for photocopying in accordance with the National Guide to Discretionary Items in Bills of Costs.

5. Accordingly, I will order that Mrs Kessly pay BK’s costs assessed in a lump sum amount of $27,038.15.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Burley.

Associate:

Dated:       7 August 2020