Clyne, P.L. v Deputy Commissioner of Taxation [1986] FCA 3

Clyne, P.L. v Deputy Commissioner of Taxation [1986] FCA 3

Because the bankrupt was already represented by experienced junior counsel for whom an allowance was made by the trustee, the Court granted a limited allowance of $1,500, calculated at $500 per day, not for senior counsel's appearance but so senior counsel could consult with junior counsel in connection with the adjourned public examination.

Jurisdiction
Australia
Judgment Date
14 January 1986
Procedural Posture
Bankruptcy / Application for Allowance for Senior Counsel in Connection With Adjourned Public Examination
Outcome
Leave granted to the trustee to make an allowance to the bankrupt in the sum of $1,500; costs reserved.
Legal Topics
['public Examination of Bankrupt' 'trustee Allowance' 'retainer of Senior Counsel' 'costs Reserved']
['bankruptcy'] ['public Examination of Bankrupt' 'trustee Allowance' 'retainer of Senior Counsel' 'costs Reserved']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Bankruptcy / Application for Allowance for Senior Counsel in Connection With Adjourned Public Examination

Legal Issues

  1. 1 ['Whether leave should be granted to the trustee to make a further allowance to the bankrupt for the retainer of senior counsel in connection with the adjourned public examination.']

Ratio Decidendi

Because the bankrupt was already represented by experienced junior counsel for whom an allowance was made by the trustee, the Court granted a limited allowance of $1,500, calculated at $500 per day, not for senior counsel's appearance but so senior counsel could consult with junior counsel in connection with the adjourned public examination.

Court Disposition

Leave granted to the trustee to make an allowance to the bankrupt in the sum of $1,500; costs reserved.

Orders

  • ['Leave be granted to the trustee to make an allowance to the bankrupt in the sum of $1,500 for the purpose of the retainer by the bankrupt of senior counsel in order that senior counsel may consult with junior counsel in connection with the adjourned public examination of the bankrupt.' 'Costs reserved.']