Stojanovski v Stojanovski [2023] NSWSC 1645

Stojanovski v Stojanovski [2023] NSWSC 1645

The remuneration, costs and disbursements claimed by the Trustees/Receivers were found to have been reasonably and necessarily incurred in the performance of their duties, in circumstances of consistent resistance by Angelina, and the amounts sought were fair, proportionate and supported by expert evidence. The proportionality principle did not require reduction given the history, complexity, and importance of the administration.

Parties
Fourth Defendant: Angelina Stojanovski; Fifth Defendant: Fabian Kane Micheletto; Sixth Defendant: Michael Carrafa
Jurisdiction
Australia
Judgment Date
21 December 2023
Procedural Posture
Application Arising From Equity Proceedings / Determination of Remuneration, Costs and Expenses of Court Appointed Trustees and Receivers
Outcome
Remuneration, costs and disbursements sought by the Trustees/Receivers are allowed and to be paid in accordance with the orders
Legal Topics
Receivership, Trustees in Bankruptcy, Remuneration of Receivers, Costs and Disbursements, Proportionality in Costs
Equity Corporations Bankruptcy Receivership Trustees in Bankruptcy Remuneration of Receivers Costs and Disbursements Proportionality in Costs

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Parties

Angelina Stojanovski

Fourth Defendant

Fabian Kane Micheletto

Fifth Defendant

Michael Carrafa

Sixth Defendant

Procedural Posture

Application Arising From Equity Proceedings / Determination of Remuneration, Costs and Expenses of Court Appointed Trustees and Receivers

Legal Issues

  1. 1 Whether the remuneration, costs and disbursements claimed by the trustees/receivers are fair, reasonable, and proportionate
  2. 2 Whether the proportionality principle requires reduction in remuneration or costs claimed
  3. 3 Whether the trustees/receivers are entitled to indemnity from the estate and proceeds of property sales for their costs

Ratio Decidendi

The remuneration, costs and disbursements claimed by the Trustees/Receivers were found to have been reasonably and necessarily incurred in the performance of their duties, in circumstances of consistent resistance by Angelina, and the amounts sought were fair, proportionate and supported by expert evidence. The proportionality principle did not require reduction given the history, complexity, and importance of the administration.

Court Disposition

Remuneration, costs and disbursements sought by the Trustees/Receivers are allowed and to be paid in accordance with the orders

Orders

  • Priority Costs fixed at $1,555,193.44 to be paid to the fifth and sixth defendants in accordance with order 8(j) of the May Orders
  • Receivership Costs (not otherwise claimed as Priority Costs) fixed at $245,267.18 to be paid to the fifth and sixth defendants in accordance with order 8(k) of the May Orders