Catchwords:

COSTS – appeal to Full Court dismissed – costs orders made against appellant – subsequent application by respondent to vary costs orders under r 39.04 of the Federal Court Rules 2011 (Cth) – whether respondent can claim those costs as a cost of the administration of the appellant’s bankrupt estate – no submission in relation to costs during course of hearing – insufficient explanation – overarching purpose.

Held: costs orders varied.

PRACTICE AND PROCEDURE – interlocutory application – application by appellant to set aside final judgment under r 39.04 of the Rules – attempt to re-argue appeal – no error or matter calling for review.

Held: application dismissed.