Amirbeaggi as trustee of the bankrupt estate of John Mamdouh Hanna v Kamel

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.

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. I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Yates.