Joyce (Trustee), in the matter of Carr (Bankrupt) (Deceased) [2018] FCA 507

Joyce (Trustee), in the matter of Carr (Bankrupt) (Deceased) [2018] FCA 507

It is in the interests of creditors for the estates to be consolidated as the different dates of bankruptcy currently prevent the Inspector General from approving the trustee’s remuneration for both the deceased and surviving estates; consolidation facilitates proper administration and enables further consideration of remuneration.

Parties
Applicant, Trustee: Helen Louise Joyce
Jurisdiction
Australia
Judgment Date
13 April 2018
Procedural Posture
Bankruptcy Application / Application for Consolidation and Costs Orders, Determined on the Papers
Outcome
Orders made consolidating bankrupt estates and for applicant's costs in the joint bankrupt estates. No order made for trustee's remuneration approval as it was not supported by affidavit and can be revisited after consolidation.
Legal Topics
Consolidation of Bankrupt Estates, Trustee Remuneration, Approval of Trustee's Costs
Bankruptcy and Insolvency Consolidation of Bankrupt Estates Trustee Remuneration Approval of Trustee's Costs

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Parties

Helen Louise Joyce

Applicant, Trustee

Procedural Posture

Bankruptcy Application / Application for Consolidation and Costs Orders, Determined on the Papers

Legal Issues

  1. 1 Whether the bankrupt estates of Geoffrey Carr (deceased) and Christina Mary Carr should be consolidated under ss 53 and 248A of the Bankruptcy Act 1966 (Cth)
  2. 2 Whether trustee's remuneration should be approved by the court or the Inspector General
  3. 3 Whether costs of application should be costs in the joint bankrupt estates

Ratio Decidendi

It is in the interests of creditors for the estates to be consolidated as the different dates of bankruptcy currently prevent the Inspector General from approving the trustee’s remuneration for both the deceased and surviving estates; consolidation facilitates proper administration and enables further consideration of remuneration.

Court Disposition

Orders made consolidating bankrupt estates and for applicant's costs in the joint bankrupt estates. No order made for trustee's remuneration approval as it was not supported by affidavit and can be revisited after consolidation.

Orders

  • Pursuant to s 53 and s 248A of the Bankruptcy Act 1966 (Cth), the bankrupt estates of Geoffrey Carr (deceased) and Christina Mary Carr are consolidated to facilitate the proper administration of their joint estate.
  • The applicant's costs of the application be costs in the joint bankrupt estates of Geoffrey Carr (deceased) and Christina Mary Carr.