Sutherland-Cropper, Victor v National Acceptance Corporation Pty Ltd [1983] FCA 387

Sutherland-Cropper, Victor v National Acceptance Corporation Pty Ltd [1983] FCA 387

As the judgment creditor received no notice of the assignment and the debtor failed to disclose the debt or inform the creditor, the creditor was justified in presenting the petition, and it is appropriate that the trustee pay the taxed costs of the creditor out of the estate.

Parties
Judgment Creditor: National Acceptance Corporation Pty. Limited; Judgment Debtor: Victor Sutherland-Cropper (also referred to as Herbert Victor Cropper); Trustee Under the Deed of Assignment: Brian Raymond Silvia
Jurisdiction
Australia
Judgment Date
22 December 1983
Procedural Posture
Bankruptcy Costs Application / Order Following Dismissal of Creditor's Petition
Outcome
Order for payment of costs granted.
Legal Topics
Creditor's Petition, Assignment Under Part X, Costs in Bankruptcy Proceedings
Bankruptcy Creditor's Petition Assignment Under Part X Costs in Bankruptcy Proceedings

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Parties

National Acceptance Corporation Pty. Limited

Judgment Creditor

Victor Sutherland-Cropper (also referred to as Herbert Victor Cropper)

Judgment Debtor

Brian Raymond Silvia

Trustee Under the Deed of Assignment

Procedural Posture

Bankruptcy Costs Application / Order Following Dismissal of Creditor's Petition

Legal Issues

  1. 1 Whether the trustee under a Part X deed of assignment should pay the creditor's costs of a petition dismissed due to prior assignment of estate

Ratio Decidendi

As the judgment creditor received no notice of the assignment and the debtor failed to disclose the debt or inform the creditor, the creditor was justified in presenting the petition, and it is appropriate that the trustee pay the taxed costs of the creditor out of the estate.

Court Disposition

Order for payment of costs granted.

Orders

  • Brian Raymond Silvia, the trustee, to pay to National Acceptance Corporation Pty. Limited out of the estate of Herbert Victor Cropper the taxed costs of the petition presented on 12 September 1983 including the costs of the proceedings on 5 and 12 December 1983 and this day.