FEDERAL COURT OF AUSTRALIA
Manzo v CSM Lawyers Pty Ltd [2024] FCAFC 96
Appeal from: CSM Lawyers Pty Ltd v Manzo, in the matter of Manzo [2023] FCA 236 File number: QUD 200 of 2023 Judgment of: LOGAN, PERRY AND MEAGHER JJ Date of judgment: 16 July 2024 Catchwords: COSTS – where the appellant appeals from a decision of a single judge of this Court to affirm a registrar’s sequestration order against the appellant – where the appellant discontinued the appeal the day before the hearing and was deemed to have made an application to discontinue the appeal with no order as to costs – where the respondent incorporated legal practice sought costs, either on an indemnity basis or party and party basis – whether, in light of Bell Lawyers Pty Ltd v Pentelow (2019) 269 CLR 333, the respondent is entitled to costs as an incorporated legal practice representing itself – appellant’s application dismissed – respondent’s application for costs dismissed, except for the awarding of outlays Legislation: Bankruptcy Act 1966 (Cth) ss 32, 43
Federal Court of Australia Act 1976 (Cth) ss 24, 43
Federal Court Rules 2011 (Cth) rr 36.73, 40.01, 40.02
Civil Procedure Act 2005 (NSW) ss 3, 98
Cases cited: Alhalek v Quintiliani trading as Kells Lawyers (No 3) [2021] FCAFC 150
Atanaskovic v Birketu Pty Ltd [2023] NSWCA 312
Attorney-General v Shillibeer (1849) 4 Ex 606 [154 ER 1356]
Bell Lawyers Pty Ltd v Pentelow (2019) 269 CLR 333
Birketu Pty Ltd v Atanaskovic [2024] HCASL 117
Birketu v Castagnet [2022] NSWSC 1435
Burrows v Macpherson & Kelley Lawyers (Sydney) Pty Ltd [2021] NSWCA 148
Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225
CSM Lawyers Pty Ltd v Manzo, in the matter of Manzo [2023] FCA 236
London Scottish Benefit Society v Chorley (1884) 13 QBD 872
McIlraith v Ilkin (Costs) [2007] NSWSC 1052
Raymond v Lakeman (1865) 34 Beav 584 [55 ER 761]
Spencer v Coshott (2021) 106 NSWLR 84
Treasury Wine Estates Limited v Maurice Blackburn Pty Ltd (No 2) (2021) 388 ALR 540
United Petroleum Australia Pty Ltd v Freehills [2020] VSCA 15
Division: General Division Registry: Queensland National Practice Area: Commercial and Corporations Sub-area: General and Personal Insolvency Number of paragraphs: 27 Date of last submissions: 26 February 2024 (Respondent)
4 March 2024 (Appellant)Date of hearing: Determined on the papers Counsel for the Appellant: The appellant appeared in person Counsel for the Respondent: Mr M Ziebell Solicitor for the Respondent: Cowen Schwarz Marschke Lawyers ORDERS
QUD 200 of 2024 BETWEEN: PETER BRUCE MANZO
Appellant
AND: CSM LAWYERS PTY LTD ACN 610 321 509 TRADING AS COWEN SCHWARZ MARSCHKE LAWYERS
Respondent
ORDER MADE BY:
LOGAN, PERRY AND MEAGHER JJ
DATE OF ORDER:
16 JULY 2024
THE COURT ORDERS THAT:
1.The appellant’s Notice of Withdrawal of Application, deemed by an order made on 19 February 2024 to be an application for leave to discontinue the appeal on the basis that there be no order…
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- Case
- [2024] FCAFC 96
- Decision Date
CaseChat Overview and Summary
The court considered that the matter of costs for an incorporated legal practice representing itself had been addressed in Bell Lawyers Pty Ltd v Pentelow. The respondent, as an incorporated legal practice, was not entitled to costs on an indemnity or party and party basis. However, the respondent was entitled to be compensated for its outlays, which would be allowed to any litigant in person in whose favour a costs order was made. The court emphasised that this included costs reasonably incurred in retaining counsel for any appearance or preparation of submissions. The appellant’s application to discontinue the appeal was dismissed, and the respondent's application for costs was dismissed, except for the awarding of outlays.
The court ordered that the appellant’s application for leave to discontinue the appeal, deemed to be made on the basis that there be no order as to costs, was dismissed. The respondent's interlocutory application was also dismissed, except for the allowance of the respondent's outlays as determined by a registrar if not agreed. These outlays included costs reasonably incurred in retaining counsel for any appearance or the preparation of submissions. There was no order as to costs in respect of the appeal, including in respect of either the deemed application for leave to discontinue or the respondent's interlocutory application.
Orders
Orders of the court
1. The appellant’s Notice of Withdrawal of Application, deemed by an order made on 19 February 2024 to be an application for leave to discontinue the appeal on the basis that there be no order as to costs, be dismissed.
2. Subject to this order, the respondent's interlocutory application filed on 26 February 2024 be dismissed.
3. The appellant has leave to discontinue the appeal on terms that the appellant pay the following costs of and incidental to the appeal, including those of the deemed application for leave to discontinue and the respondent’s costs application, as determined by a registrar if not agreed:
(a) the respondent’s outlays, to the extent that such outlays would be allowed to any litigant in person in whose favour a costs order was made; and
(b) for the avoidance of any doubt as to such outlays, the costs reasonably incurred by the respondent (if any) in retaining counsel for the purpose of any appearance or the preparation of any submissions.
4. Save as aforesaid, there be no order as to costs in respect of the appeal, including in respect of either the deemed application for leave to discontinue or the respondent's interlocutory application.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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