Foots v Southern Cross Mine Management Pty Ltd

HIGH COURT OF AUSTRALIAGLEESON CJGUMMOW, KIRBY, HAYNE AND CRENNAN JJKENNETH JOHN FOOTS   APPELLANTANDSOUTHERN CROSS MINE MANAGEMENTPTY LTD & ORS  RESPONDENTSFoots v Southern Cross Mine Management Pty Ltd[2007] HCA 567 December 2007B26/2007ORDERAppeal dismissed with costs.On appeal from the Supreme Court of QueenslandRepresentationP J Dunning SC with S A McLeod and S J Williams for the appellant (instructed by Conroy & Associates)No appearance for the first and third to tenth respondentsW Sofronoff QC with A M Pomerenke for the second respondent (instructed by Allens Arthur Robinson)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSFoots v Southern Cross Mine Management Pty Ltd Bankruptcy – Provable debt – Costs order – Trial judge gave judgment and awarded damages in favour of second respondent against first respondent and appellant – After judgment appellant became bankrupt upon presentation of own petition – After appellant's bankruptcy trial judge made order for indemnity costs against appellant – Whether costs order was a provable debt within the meaning of s 82 of the Bankruptcy Act 1966 (Cth) – Whether costs order was a debt or liability arising from an obligation before bankruptcy – Whether costs order was a contingent liability – Whether costs order was "incidental" to a provable debt.Bankruptcy – Stay of proceedings – Whether proceedings in which costs order was sought should have been stayed pursuant to s 58(3) of the Bankruptcy Act 1966 (Cth) – Whether leave to proceed should have been granted...