Re Campbell, N.R. v. Ex parte The Official Trustee [1987] FCA 152
Because the trustee in this case acted under an obligation, inferred from the Bankruptcy Act, to consider and make an application under s.149(12) if appropriate, and there was nothing unreasonable in the institution or prosecution of the application, no order for costs against the trustee should be made.
- Parties
- Bankrupt: Noel Rodney Campbell; Applicant (trustee): The Official Trustee
- Jurisdiction
- Australia
- Judgment Date
- 06 April 1987
- Procedural Posture
- Bankruptcy Application / Costs Following Dismissal of the Trustee's Application Under S.149(12) of the Bankruptcy Act 1966
- Outcome
- No order as to costs. Application for trustee to pay bankrupt's costs dismissed.
- Legal Topics
- Costs, Discharge From Bankruptcy, Statutory Obligations of Trustees
Case Brief
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Parties
Noel Rodney Campbell
Bankrupt
The Official Trustee
Applicant (trustee)
Procedural Posture
Bankruptcy Application / Costs Following Dismissal of the Trustee's Application Under S.149(12) of the Bankruptcy Act 1966
Legal Issues
- 1 Whether the Official Trustee should be ordered to pay the bankrupt's costs following the dismissal of an application under s.149(12) of the Bankruptcy Act 1966.
Ratio Decidendi
Because the trustee in this case acted under an obligation, inferred from the Bankruptcy Act, to consider and make an application under s.149(12) if appropriate, and there was nothing unreasonable in the institution or prosecution of the application, no order for costs against the trustee should be made.
Court Disposition
No order as to costs. Application for trustee to pay bankrupt's costs dismissed.
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