Recent Cases

Hrycenko v Hrycenko (by his legal representative Hycenko) (No 2) [2022] FCAFC 192 (15 December 2022) (Bromberg, Moshinsky and McElwaine JJ)


Catchwords:


COSTS – where trial judge extended life of creditor’s petition nunc pro tunc under slip rule – where appeal upheld and sequestration order set aside – where trustee appointed to administer bankrupt’s estate incurred costs – whether Court should exercise discretion to order creditor/respondent or appellant to pay costs incurred by the trustee – application for costs certificate under ss 6(1) and 10(2) of the Federal Proceedings (Costs) Act 1981 (Cth) – whether appropriate to grant costs certificate