FEDERAL COURT OF AUSTRALIA

Amirbeaggi as trustee of the bankrupt estate of John Mamdouh Hanna v Kamel (No 2) [2020] FCA 50

ORDERS

THE COURT ORDERS THAT:

1.    The second cross-respondent pay the cross-claimant’s costs in the sum of $5,880.50.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

YATES J:

1    The cross-claimant seeks a lump-sum costs order against the second cross-respondent in the sum of $5,880.50.

2    On 21 November 2019, default judgment against the second cross-respondent was given in favour of the cross-claimant in the sum of $325,000.00, with pre-judgment interest pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth) in the sum of $32,591.27: Amirbeaggi as trustee of the bankrupt estate of John Mamdouh Hanna v Kamel [2019] FCA 1965.

3    At the time, the cross-claimant foreshadowed that a lump-sum costs order would be sought. As a consequence, I made programming orders for the filing of affidavits by the cross-claimant and the second cross-respondent on that question. I also ordered that the question of costs be determined on the papers. Further, I ordered that, by 28 November 2019, the cross-claimant serve a copy of the orders made on 21 November 2019 on the second cross-respondent. The cross-claimant has complied with that order.

4    The cross-claimant’s solicitor, Ms Metry, has made an affidavit in support of the order that is sought. This affidavit has been served on the second cross-respondent. The second cross-respondent has not filed any affidavit(s) in response. Given that state of affairs, I will determine the question of costs on the material presently before me.

5    This is an appropriate case for making a lump-sum costs order. On the basis of Ms Metry’s affidavit, I am satisfied that the amount sought is appropriate.

6    An order for costs will be made accordingly.

Associate:    

Dated:    4 February 2020

SCHEDULE OF PARTIES