Toben v Jones (No 3)

[2011] FCA 767

FEDERAL COURT OF AUSTRALIA

Toben v Jones (No 3) [2011] FCA 767

Citation:

Toben v Jones (No 3) [2011] FCA 767

Parties:

GERALD FREDRICK TOBEN V JEREMY JONES

File numbers:

SAD 69 of 2009
SAD 73 of 2009

Judges:

BESANKO J

Date of judgment:

8 July 2011

Catchwords:

COSTS — Where applicant ordered to pay costs of respondent — where respondent filed bill of costs — where Registrar made estimate in absence of parties of approximate total on taxation pursuant to O 62 r 46 of the Federal Court Rules — where applicant did not file notice of objection to estimate and certificate of taxation was issued — where order entered pursuant to O 62 r 45(3) that applicant pay respondent’s costs in amount contained in certificate of taxation — where applicant sought to have order set aside — where applicant then paid amount of costs to respondent

BANKRUPTCY AND INSOLVENCY — where bankruptcy notice founded on costs order issued — where time for compliance with bankruptcy notice expired — application to extend time for compliance with bankruptcy notice

HELD: The applications to have the order as to costs set aside and to have the time for compliance with the bankruptcy notice extended were dismissed and the applicant was ordered to pay the respondent’s costs.

Legislation:

Federal Court Rules O 62 r 46(1)
Bankruptcy Act 1966 (Cth) ss 41(6A) and 33(1)(c)

Cases cited:

James v Abrahams (1981) 34 ALR 657, cited
Toben v Jones [2009] FCAFC 104, cited

Dates of hearing:

30 May, 2, 15, 20 June, 4 July 2011

Place:

Adelaide via video link with Sydney

Division:

GENERAL DIVISION

Category:

Catchwords

Number of paragraphs:

20

Counsel for the Applicant:

The Applicant appeared in person (30 May, 2, 20 June, 4 July 2011)
Dr J Walsh appeared (15 June 2011)

Counsel for the Respondent:

Mr S Lewis appeared (30 May, 20 June, 4 July, 2011)
Mr J Wertheim appeared (2, 15 June 2011)

Solicitor for the Respondent:

Slater & Gordon

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	SAD 69 of 2009

BETWEEN:	GERALD FREDRICK TOBEN Applicant
AND:	JEREMY JONES Respondent

JUDGE:	BESANKO J
DATE OF ORDER:	8 JULY 2011
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

1.The applicant’s notice of motion dated 15 April 2011 be dismissed.

2.The applicant pay the respondent his costs of and incidental to the said notice of motion.  

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	SAD 73 of 2009

BETWEEN:	GERALD FREDRICK TOBEN Applicant
AND:	JEREMY JONES Respondent

JUDGE:	BESANKO J
DATE OF ORDER:	8 JULY 2011
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

3.The applicant’s notice of motion dated 15 April 2011 be dismissed.

4.The applicant pay the respondent his costs of and incidental to the said notice of motion.