In the matter of Rose, a bankrupt; Godfrey v Whitton [2006] FCA 823

In the matter of Rose, a bankrupt; Godfrey v Whitton [2006] FCA 823

In view of the relevant facts, including the conduct of the Trustee requesting the notices and the Official Receiver's role in issuing them with reservations, and absent evidence warranting indemnity costs or exclusive liability, the appropriate order is that two-thirds of applicants' costs be paid by the Trustee and one-third by the Official Receiver, on a party and party basis.

Jurisdiction
Australia
Judgment Date
22 June 2006
Procedural Posture
Application and Cross Application in Bankruptcy Proceedings / Costs Determination After Substantive Orders by Consent
Outcome
costs awarded as to two-thirds against Trustee and one-third against Official Receiver, all on party and party basis; costs thrown away by vacation of hearing dates fixed for 23 and 26 June 2006 to be paid by Trustee.
Legal Topics
['costs' 'bankruptcy Act S 129 Demand' 'bankruptcy Act S 139 ZQ Notice' 'costs Orders Against Trustee and Official Receiver' 'invalidity and Setting Aside of Bankruptcy Notices']
['bankruptcy' 'insolvency Law'] ['costs' 'bankruptcy Act S 129 Demand' 'bankruptcy Act S 139 ZQ Notice' 'costs Orders Against Trustee and Official Receiver' 'invalidity and Setting Aside of Bankruptcy Notices']

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Procedural Posture

Application and Cross Application in Bankruptcy Proceedings / Costs Determination After Substantive Orders by Consent

Legal Issues

  1. 1 ['Whether costs should be ordered against the Official Receiver' 'Whether costs should be ordered against the Trustee and/or the Official Receiver on an indemnity basis' 'Validity and effect of s 129 Demand and s 139ZQ Notice under the Bankruptcy Act']

Ratio Decidendi

In view of the relevant facts, including the conduct of the Trustee requesting the notices and the Official Receiver's role in issuing them with reservations, and absent evidence warranting indemnity costs or exclusive liability, the appropriate order is that two-thirds of applicants' costs be paid by the Trustee and one-third by the Official Receiver, on a party and party basis.

Court Disposition

costs awarded as to two-thirds against Trustee and one-third against Official Receiver, all on party and party basis; costs thrown away by vacation of hearing dates fixed for 23 and 26 June 2006 to be paid by Trustee.

Orders

  • ["Applicants' costs thrown away by vacation of hearing dates fixed for 23 June 2006 and 26 June 2006 to be paid by first respondent (Trustee)." 'Costs of applicants for the amended application to be paid two-thirds by first respondent and one-third by second respondent (Official Receiver), on party and party basis.'...