Re Hughes, L.J. & Anor v. Ex parte Freer, R.G. (Registrar of Trustee) [1987] FCA 308

Re Hughes, L.J. & Anor v. Ex parte Freer, R.G. (Registrar of Trustee) [1987] FCA 308

The fee under r.179 is to be calculated on the total amount received by the trustee of the estate, including any surplus, and not limited to the sum required to pay proved debts. The wording of r.179(5) is clear, and there is no inconsistency with s.148, as the surplus is only returned to the bankrupt after payment of all costs, charges, expenses and the Registrar's fee.

Parties
Debtor: Lawrence John Hughes; Debtor: Betty Dawn Hughes; Trustee/applicant: Richard George Freer; Official Receiver: Mr Casey; District Registrar
Jurisdiction
Australia
Judgment Date
12 June 1987
Procedural Posture
Bankruptcy Application / Application for Directions as to Calculation of Fee Payable to Registrar Under R.179
Outcome
Application dismissed; directions given to trustee.
Legal Topics
Calculation of Registrar's Fees, Bankruptcy Administration, Surplus Distribution
Bankruptcy Calculation of Registrar's Fees Bankruptcy Administration Surplus Distribution

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Parties

Lawrence John Hughes

Debtor

Betty Dawn Hughes

Debtor

Richard George Freer

Trustee/applicant

Mr Casey

Official Receiver

District Registrar

Procedural Posture

Bankruptcy Application / Application for Directions as to Calculation of Fee Payable to Registrar Under R.179

Legal Issues

  1. 1 Whether the fee payable to the Registrar under r.179 should be calculated on basis of the total realisation of assets of the bankrupt or only on the amount sufficient to pay creditors one hundred cents in the dollar

Ratio Decidendi

The fee under r.179 is to be calculated on the total amount received by the trustee of the estate, including any surplus, and not limited to the sum required to pay proved debts. The wording of r.179(5) is clear, and there is no inconsistency with s.148, as the surplus is only returned to the bankrupt after payment of all costs, charges, expenses and the Registrar's fee.

Court Disposition

Application dismissed; directions given to trustee.

Orders

  • The trustee pay to the Registrar a fee pursuant to r.179 on the basis of the total amount received by him of the estate or in relation to the debtors, including any surplus.