› Proceedings commenced by a plaintiff who subsequently becomes a bankrupt
› whether proceedings involving claims for malicious prosecution, false imprisonment and trespass to goods proceedings in respect of a personal wrong done to the bankrupt within s 60(4) of the Bankruptcy Act 1966 (Cth)
› whether proceedings continued by the bankrupt
› whether aspects of proceedings not within s 60(4) should be dismissed after failure by trustee to elect to continue.
Costs
› indemnity costs
› offer of compromise under Uniform Civil Procedure Rules 2005 (NSW), r 20.26
› where plaintiff fails to obtain a judgment no more favourable to the plaintiff than the terms of the offer
› where plaintiff is unrepresented
› indemnity costs order made.
Costs
› gross sum costs order
› where plaintiff liable for costs is unlikely to be able to pay any costs order
› gross sum costs order made.
Case Details
Citation[2024] NSWSC 1396
CourtNSWSC
JurisdictionNew South Wales
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