FEDERAL CIRCUIT COURT OF AUSTRALIA
| VOUKIDIS v ANASTASOPOULOS & ANOR (No.2) | [2020] FCCA 3501 |
| Catchwords: COSTS – Calderbank offer – relevant considerations. |
| Legislation: Bankruptcy Act 1966, ss.73, 222 Federal Circuit Court of Australia Act 1999, s.79 Federal Circuit Court (Bankruptcy) Rules 2016, r.13.01 |
| Applicant: | OLGA VOUKIDIS |
| First Respondent: | GEORGINA ANASTASOPOULOS |
| Second Respondent: | LOUISE THOMSON IN HER CAPACITY AS TRUSTEE FOR THE BANKRUPT ESTATE OF GEORGINA ANASTASOPOULOS |
| File Number: | SYG 2634 of 2017 |
| Judgment of: | Judge Cameron |
| Hearing date: | On the papers |
| Date of Last Submission: | On the papers |
| Delivered at: | Sydney |
| Delivered on: | 23 December 2020 |
REPRESENTATION
| Counsel for the Applicant: | Mr A. Hopkins of counsel |
| Solicitors for the Applicant: | CLIC Law Group Pty Ltd |
| Counsel for the FirstRespondent: | Mr J. Rose of counsel |
| Solicitors for the First Respondent: | Diamond Conway Lawyers |
| The Second Respondent filed a submitting appearance. |
ORDERS
The applicant pay the first respondent’s costs of the proceeding on the party and party basis as agreed or taxed pursuant Part 40 of the Federal Court Rules 2011.
The applicant and the first respondent pay their own costs of the argument on costs.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
SYG 2634 of 2017
| OLGA VOUKIDIS |
Applicant
And
| GEORGINA ANASTASOPOULOS |
First Respondent
| LOUISE THOMSON IN HER CAPACITY AS TRUSTEE FOR THE BANKRUPT ESTATE OF GEORGINA ANASTASOPOULOS |
Second Respondent
REASONS FOR JUDGMENT
(As Corrected)
INTRODUCTION
On 25 November 2019 this Court dismissed the applicant’s (“Olga’s”) application under s.222 of the Bankruptcy Act 1966 (“Act”), for orders:
a)setting aside a composition under s.73 of the Act (“Composition”) into which the first respondent (“Georgina”) and her creditors had entered on 6 April 2017; and
b)restoring the creditors to the position they had been in before the Composition was proposed: Voukidis v Anastasopoulos & Anor [2019] FCCA 3397 at [1] (“First Judgment”).
The parties filed submissions regarding the costs of the proceeding and agreed that the Court should make a determination on the papers.
Georgina sought orders:
(a)…that…[Olga] pay [Georgina’s] costs (including reserved costs and amounts paid or payable by the First Respondent to Christos Voukidis…
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- Case
- [2020] FCCA 3501
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether the first respondent's *Calderbank* offer was a relevant consideration in determining the costs of the proceeding, and if so, what weight should be given to it. The Court was required to assess the reasonableness of the offer and its impact on the overall costs awarded.
Judge Cameron reasoned that the *Calderbank* offer was a significant factor to be considered when exercising the Court's discretion on costs. The Court found that the offer was reasonable and that the applicant had failed to achieve a more favourable outcome than that offered. Consequently, the Court ordered that the applicant pay the first respondent's costs of the proceeding on a party and party basis. The parties were ordered to bear their own costs for the argument on costs.
Orders
Orders of the court
ORDERS
1. The applicant pay the first respondent’s costs of the proceeding on the party and party basis as agreed or taxed pursuant Part 40 of the Federal Court Rules 2011.
2. The applicant and the first respondent pay their own costs of the argument on costs.
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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