Mango Boulevard Pty Ltd v Whitton; In the matter of Spencer (Bankrupt) (No 2) [2011] FCA 845

Mango Boulevard Pty Ltd v Whitton; In the matter of Spencer (Bankrupt) (No 2) [2011] FCA 845

The determination of who should bear the trustee's costs of the application for direction should be reserved to the trial judge, as those costs are reasonably incidental to administration but subject to the outcome of the principal proceeding. Orders for costs to be taxed and paid forthwith in respect of the transfer application are declined, as an injustice could result and circumstances do not warrant departure from the general rule.

Jurisdiction
Australia
Judgment Date
28 July 2011
Procedural Posture
Bankruptcy Application for Directions and Costs / Post Reserved Judgment, Interlocutory Costs Determination
Outcome
Costs reserved to the trial judge; application for order that transfer costs be taxed and paid forthwith is refused.
Legal Topics
['directions to Bankruptcy Trustee' 'costs of Interlocutory Proceedings' 'jurisdictional Transfer']
['bankruptcy' 'costs'] ['directions to Bankruptcy Trustee' 'costs of Interlocutory Proceedings' 'jurisdictional Transfer']

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Procedural Posture

Bankruptcy Application for Directions and Costs / Post Reserved Judgment, Interlocutory Costs Determination

Legal Issues

  1. 1 ["Should the trustee's costs of application for direction be paid out of funds held for the calling of a meeting of creditors or be reserved to the trial judge?" 'Should costs awarded in respect of transfer application be taxed and paid forthwith?']

Ratio Decidendi

The determination of who should bear the trustee's costs of the application for direction should be reserved to the trial judge, as those costs are reasonably incidental to administration but subject to the outcome of the principal proceeding. Orders for costs to be taxed and paid forthwith in respect of the transfer application are declined, as an injustice could result and circumstances do not warrant departure from the general rule.

Court Disposition

Costs reserved to the trial judge; application for order that transfer costs be taxed and paid forthwith is refused.

Orders

  • ["The costs of and incidental to the application by the first respondent for direction are reserved to the judge who hears and determines the applicants' application." 'The application by the respondents for an order that the costs ordered to be paid by the applicants in respect of the transfer of the proceeding be...