Bianco (Trustee), in the matter of the bankrupt estate of Jones (Deceased) (No 2) [2023] FCA 271

Bianco (Trustee), in the matter of the bankrupt estate of Jones (Deceased) (No 2) [2023] FCA 271

The Trustees acted reasonably and appropriately in commencing and prosecuting the judicial advice proceeding, made full disclosure, and were entitled to have their costs treated as costs in the administration of the bankrupt estate. The interested persons, including the Mr Jones Parties and Hasst, participated to protect their own economic or priority interests and not merely as disinterested contradictors, so they were to bear their own costs of the originating proceeding. Hasst was required to pay the Trustees' and Mr Jones Parties' costs relating to the 12 May 2022 vacation of confidentiality orders because Hasst conceded the protected material was not materially relevant and costs...

Jurisdiction
Australia
Judgment Date
27 March 2023
Procedural Posture
Costs of Application by Trustees in Bankruptcy for Judicial Advice / Determined on the Papers After Judicial Advice and Consequential Orders Were Made
Outcome
Costs orders made.
Legal Topics
['costs of Judicial Advice Application' 'bankrupt Estate Administration Costs' 'adversarial Participation by Interested Persons' 'confidentiality and Non Publication Orders' 'interlocutory Applications']
['bankruptcy' 'insolvency' 'costs' 'civil Procedure'] ['costs of Judicial Advice Application' 'bankrupt Estate Administration Costs' 'adversarial Participation by Interested Persons' 'confidentiality and Non Publication Orders' 'interlocutory Applications']

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Procedural Posture

Costs of Application by Trustees in Bankruptcy for Judicial Advice / Determined on the Papers After Judicial Advice and Consequential Orders Were Made

Legal Issues

  1. 1 ["Whether the Trustees' costs of the originating application for judicial advice should be paid as costs in the administration of the bankrupt estate." 'Whether interested persons who participated in the judicial advice proceeding should receive their costs from the bankrupt estate or bear their own costs.' 'Whether Hasst Pty Ltd should pay costs relating to the vacation on 12 May 2022 of confidentiality orders made by Justice Anderson on 9 March 2022.' 'Whether costs should be ordered in relation to the interlocutory application dated 27 October 2022 seeking confidentiality and non-publication orders.']

Ratio Decidendi

The Trustees acted reasonably and appropriately in commencing and prosecuting the judicial advice proceeding, made full disclosure, and were entitled to have their costs treated as costs in the administration of the bankrupt estate. The interested persons, including the Mr Jones Parties and Hasst, participated to protect their own economic or priority interests and not merely as disinterested contradictors, so they were to bear their own costs of the originating proceeding. Hasst was required to pay the Trustees' and Mr Jones Parties' costs relating to the 12 May 2022 vacation of confidentiality orders because Hasst conceded the protected material was not materially relevant and costs...

Court Disposition

Costs orders made.

Orders

  • ["Subject to paragraphs 2 and 3, the Trustees' costs of and incidental to this proceeding be costs in the administration of the bankrupt estate of Mr Jones Senior (Deceased)." 'Subject to paragraphs 2 and 3, each interested person shall bear their own costs of and incidental to their participation in this...