Re Neate, David William Ex Parte Pegasus Leasing Ltd Re Neate, Anne Elizabeth Ex Parte Pegasus Leasing Ltd [1996] FCA 12

Re Neate, David William Ex Parte Pegasus Leasing Ltd Re Neate, Anne Elizabeth Ex Parte Pegasus Leasing Ltd [1996] FCA 12

The Court lacks authority under s32 of the Bankruptcy Act 1966 (Cth) to order debtors to pay the creditor's costs of applications made under s41(6B) of the Act to the Registrar in Bankruptcy, as such proceedings are not proceedings before the Court.

Jurisdiction
Australia
Judgment Date
30 January 1996
Procedural Posture
Bankruptcy / Review of Deputy Registrar's Costs Decision
Outcome
Application for costs before the Deputy Registrar refused
Legal Topics
['extension of Time for Compliance With Bankruptcy Notice' 'powers of Registrar in Bankruptcy Vs Registrar of the Court' 'award of Costs']
['bankruptcy' 'costs'] ['extension of Time for Compliance With Bankruptcy Notice' 'powers of Registrar in Bankruptcy Vs Registrar of the Court' 'award of Costs']

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Procedural Posture

Bankruptcy / Review of Deputy Registrar's Costs Decision

Legal Issues

  1. 1 ['Whether the Deputy Registrar was acting as a Registrar in Bankruptcy or as a Registrar of the Court when granting an extension of time for compliance with a bankruptcy notice under s41(6B) of the Bankruptcy Act 1966 (Cth).' 'Whether the Court has power under s32 of the Bankruptcy Act 1966 (Cth) to award costs in such proceedings before the Deputy Registrar.']

Ratio Decidendi

The Court lacks authority under s32 of the Bankruptcy Act 1966 (Cth) to order debtors to pay the creditor's costs of applications made under s41(6B) of the Act to the Registrar in Bankruptcy, as such proceedings are not proceedings before the Court.

Court Disposition

Application for costs before the Deputy Registrar refused

Orders

  • ["The Court has no authority to order the debtors to pay the creditor's costs of the applications made under s41(6B) to the Registrar in Bankruptcy."]