Citibank Ltd, in the matter of Stivactas v Parker [2000] FCA 1914

Citibank Ltd, in the matter of Stivactas v Parker [2000] FCA 1914

Costs should be awarded in favour of Citibank against the Trustee because the Trustee was the real party with an interest in the proceedings, and there were no defects in the formal aspects of the s 139ZQ notice or any fault on the part of the Official Receiver.

Jurisdiction
Australia
Judgment Date
22 December 2000
Procedural Posture
Bankruptcy Application / Costs Order Following Application to Set Aside S 139 ZQ Notice
Outcome
Costs awarded to Citibank against the Trustee. No order as to costs against or by the Official Receiver.
Legal Topics
['costs' 'voidable Transactions' 'official Receiver']
['bankruptcy'] ['costs' 'voidable Transactions' 'official Receiver']

Case Brief

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Procedural Posture

Bankruptcy Application / Costs Order Following Application to Set Aside S 139 ZQ Notice

Legal Issues

  1. 1 ['Who should bear costs when a s 139ZQ notice is set aside by consent?' "Should the trustee or the Official Receiver bear the applicant's costs?" 'Are there special rules regarding costs for Official Receivers or Trustees in bankruptcy matters?']

Ratio Decidendi

Costs should be awarded in favour of Citibank against the Trustee because the Trustee was the real party with an interest in the proceedings, and there were no defects in the formal aspects of the s 139ZQ notice or any fault on the part of the Official Receiver.

Court Disposition

Costs awarded to Citibank against the Trustee. No order as to costs against or by the Official Receiver.

Orders

  • ["The first respondent should pay the applicant's costs."]