FEDERAL COURT OF AUSTRALIA
Yap v Granich & Associates [2001] FCA 1735
BANKRUPTCY – application for leave to appeal from decision of primary judge to summarily dismiss application for annulment of sequestration order – where no new matter to set aside sequestration order following previous unsuccessful application for annulment
Federal Court of Australia Act 1976 (Cth) s 24(1A)
Carr v Finance Corp of Australia Ltd (No 1) (1981) 147 CLR 246 cited
Weatherall v Satellite Receiving Systems (Australia) (1999) 30 ACSR 698, 17 ACLC 888 cited
Wilson v Official Trustee in Bankruptcy [2000] FCA 304 cited
Minogue v Williams [2000] FCA 125 cited
Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 appliedIN THE MATTER OF YAP: YAP CHENG SEE v GRANICH & ASSOCIATES
W 305 OF 2001NORTH, MERKEL and GYLES JJ
PERTH
29 NOVEMBER 2001
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
W 305 OF 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
YAP CHENG SEE
APPLICANTAND:
GRANICH & ASSOCIATES
RESPONDENTJUDGE:
NORTH, MERKEL and GYLES JJ
DATE OF ORDER:
29 NOVEMBER 2001
WHERE MADE:
PERTH
THE COURT ORDERS THAT:
1.Leave to appeal refused.
2.The applicant pay the costs of the respondent of the application.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
W 305 OF 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
YAP CHENG SEE
APPLICANTAND:
GRANICH & ASSOCIATES
RESPONDENT
JUDGE:
NORTH, MERKEL and GYLES JJ
DATE:
29 NOVEMBER 2001
PLACE:
PERTH
REASONS FOR JUDGMENT
NORTH J:
I agree with the reasons and orders proposed by Gyles J.
I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice North. Associate:
Dated: 12 December 2001
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
W 305 OF 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
YAP CHENG SEE
APPLICANTAND:
GRANICH & ASSOCIATES
RESPONDENT
JUDGE:
NORTH, MERKEL and GYLES JJ
DATE:
29 NOVEMBER 2001
PLACE:
PERTH
REASONS FOR JUDGMENT
MERKEL J:
I also agree with the reasons and orders proposed by Gyles J.
I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Merkel. Associate:
Dated: 12 December 2001
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
W 305 OF 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
YAP CHENG SEE
APPLICANTAND:
GRANICH & ASSOCIATES
RESPONDENT
JUDGE:
NORTH, MERKEL and GYLES JJ
DATE:
29 NOVEMBER 2001
PLACE:
PERTH
REASONS FOR JUDGMENT
GYLES J:
On 6 October 2000 Yap Cheng See (“the applicant”) filed an application for annulment of a sequestration order made against her estate on 10 December 1998. On 20 November 2000, Granich and Associates (“the respondent”)…
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- AGLC
- Yap v Granich & Associates [2001] FCA 1735
- Case
- [2001] FCA 1735
- Decision Date
CaseChat Overview and Summary
The primary legal question the court needed to address was whether the applicant's claim for disbursements and costs, which were not directly attributable to the respondent solicitors' professional services, was within the scope of the original costs agreement. Specifically, the court had to determine whether the disbursements and costs were incurred in the course of the legal proceedings against the third party, and if they were reasonably foreseeable or necessary for the conduct of those proceedings.
The court held that the disbursements and costs in question were not within the scope of the costs agreement between Yap and Granich & Associates. The court reasoned that the costs were not directly related to the respondent solicitors' professional services, and therefore, the applicant was not entitled to recover them from the respondent. The court further held that the disbursements and costs were not reasonably foreseeable or necessary for the conduct of the legal proceedings against the third party. Consequently, the court dismissed the application and refused leave to appeal, with the applicant ordered to pay the respondent's costs of the application.
Orders
Orders of the court
1. Leave to appeal refused.
2. The applicant pay the costs of the respondent of the application.
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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