Re Porter, A. v. Ex parte Strachan, J.F. & Anor [1985] FCA 627

Re Porter, A. v. Ex parte Strachan, J.F. & Anor [1985] FCA 627

Because nothing showed that the creditors' conduct was unreasonable, and because the warrant was rightly issued and the debtor's return to Adelaide followed almost inevitably in the absence of actual payment, the debtor was ordered to pay the creditors' costs of and incidental to the warrant, including the return from Sydney to Adelaide and today's costs.

Jurisdiction
Australia
Judgment Date
28 November 1985
Procedural Posture
Bankruptcy Proceeding Concerning Costs of an Absconding Debtor's Warrant / Ex Tempore Reasons for Judgment and Order on Costs
Outcome
Debtor ordered to pay the creditors' costs of and incidental to the warrant of arrest, including the return of the debtor to Adelaide, with specified payments from the solicitors' trust account.
Legal Topics
["absconding Debtor's Warrant" 'arrest of Debtor' 'return of Debtor From Sydney to Adelaide' 'taxation of Costs']
['bankruptcy' 'costs'] ["absconding Debtor's Warrant" 'arrest of Debtor' 'return of Debtor From Sydney to Adelaide' 'taxation of Costs']

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Procedural Posture

Bankruptcy Proceeding Concerning Costs of an Absconding Debtor's Warrant / Ex Tempore Reasons for Judgment and Order on Costs

Legal Issues

  1. 1 ["Whether the creditors were entitled to costs of and incidental to the absconding debtor's warrant." "Whether the creditors' conduct was unreasonable so as to preclude recovery of the costs of returning the debtor from Sydney to Adelaide."]

Ratio Decidendi

Because nothing showed that the creditors' conduct was unreasonable, and because the warrant was rightly issued and the debtor's return to Adelaide followed almost inevitably in the absence of actual payment, the debtor was ordered to pay the creditors' costs of and incidental to the warrant, including the return from Sydney to Adelaide and today's costs.

Court Disposition

Debtor ordered to pay the creditors' costs of and incidental to the warrant of arrest, including the return of the debtor to Adelaide, with specified payments from the solicitors' trust account.

Orders

  • ['The debtor pay the costs of the creditors of and incidental to the warrant of arrest including the return of the debtor to Adelaide, those costs to be taxed.' "Out of the sum of $1,500-00 held in the trust account of the debtor's solicitors there be paid to Australian Government Solicitor the sum of $606-90 for...