Trustees of the Bankrupt Estate of Needham v Needham

[2017] HCASL 232

TRUSTEES OF THE BANKRUPT ESTATE OF NEEDHAM

v

NEEDHAM

[2017] HCASL 232
S174/2017

1. Although we should not be taken to necessarily endorse all of the Full Court of the Family Court of Australia's reasons, we do not consider that an appeal to this Court would enjoy sufficient prospects of success to warrant the grant of special leave to appeal.  Special leave should be refused.  Contrary to the applicant's submission, costs in this Court are not governed by the Family Law Act 1975 (Cth) and it is appropriate to make an order for costs in favour of the respondent. The respondent has not, however, identified a sufficient reason to make an order that the applicant pay costs on an indemnity basis.

2. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

V.M. Bell
14 September 2017 G.A.A. Nettle