Re The Official Trustee in Bankruptcy v. Warshall, M. [1987] FCA 151

Re The Official Trustee in Bankruptcy v. Warshall, M. [1987] FCA 151

No order for costs against trustee as applicant unless application or prosecution was unreasonable; in the absence of unreasonableness, trustee fulfills a quasi-judicial/public duty and should not be penalized in costs.

Parties
Bankrupt: Michael Warshall; Trustee/applicant: The Official Trustee in Bankruptcy; Bankrupt: Noel Rodney Campbell
Jurisdiction
Australia
Judgment Date
06 April 1987
Procedural Posture
Bankruptcy / Costs Determination Following Dismissal of Trustee's Applications
Outcome
No order as to costs; trustee not ordered to pay bankrupt's costs.
Legal Topics
Discharge of Bankrupt, Costs Orders Against Trustees
Bankruptcy Discharge of Bankrupt Costs Orders Against Trustees

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Parties

Michael Warshall

Bankrupt

The Official Trustee in Bankruptcy

Trustee/applicant

Noel Rodney Campbell

Bankrupt

Procedural Posture

Bankruptcy / Costs Determination Following Dismissal of Trustee's Applications

Legal Issues

  1. 1 Whether the trustee should pay the bankrupt's costs following dismissal of an application under s.149(8) and s.149(12) of the Bankruptcy Act 1966

Ratio Decidendi

No order for costs against trustee as applicant unless application or prosecution was unreasonable; in the absence of unreasonableness, trustee fulfills a quasi-judicial/public duty and should not be penalized in costs.

Court Disposition

No order as to costs; trustee not ordered to pay bankrupt's costs.

Orders

  • No costs order made against trustee in both applications