Foots 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 pursuant to r 72(1) of the Uniform Civil Procedure Rules 1999 (Q).

Statutes – Interpretation – Relevance of legislative history and antecedent statutes – Relevance of decision in In re British Gold Fields of West Africa [1899] 2 Ch 7.

Words and phrases – "contingent liability", "costs order", "incidental", "liability", "provable debt".

Bankruptcy Act 1966 (Cth) – ss 58(3), 82, 153.

Uniform Civil Procedure Rules 1999 (Q) – r 72(1).