Guiseppe Santamaria v Paul Desmond Sweeney Paul Desmond Sweeney as Trustee of the Bankrupt Estate of Natasha Grace and Luke Conrad v Guiseppe Santamaria [2012] NSWSC 1154

Guiseppe Santamaria v Paul Desmond Sweeney Paul Desmond Sweeney as Trustee of the Bankrupt Estate of Natasha Grace and Luke Conrad v Guiseppe Santamaria [2012] NSWSC 1154

Trustees are entitled to payment out of specified fees and remuneration from funds in Court for work performed to realise the bankrupts' assets, applying established equitable principles relating to equitable liens. Further, trustees' costs of the motion should be paid from the funds, assessed on an indemnity basis but limited to $14,500.

Jurisdiction
Australia
Judgment Date
19 September 2012
Procedural Posture
Equity Division Proceeding Directions and Payment Out Motion / Interlocutory Notice of Motion for Payment Out and Directions
Outcome
Trustees granted payment out of court of their fees and remuneration; their costs to be paid from the fund; directions for further conduct made.
Legal Topics
['supreme Court Procedure' 'funds in Court' 'payment Out of Funds' 'trustees in Bankruptcy' 'costs']
['civil Procedure' 'equity'] ['supreme Court Procedure' 'funds in Court' 'payment Out of Funds' 'trustees in Bankruptcy' 'costs']

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Procedural Posture

Equity Division Proceeding Directions and Payment Out Motion / Interlocutory Notice of Motion for Payment Out and Directions

Legal Issues

  1. 1 ['Whether trustees in bankruptcy are entitled to payment of legal fees and remuneration out of funds in court' 'How costs are to be ordered relating to parties involved in securing payment of funds into Court']

Ratio Decidendi

Trustees are entitled to payment out of specified fees and remuneration from funds in Court for work performed to realise the bankrupts' assets, applying established equitable principles relating to equitable liens. Further, trustees' costs of the motion should be paid from the funds, assessed on an indemnity basis but limited to $14,500.

Court Disposition

Trustees granted payment out of court of their fees and remuneration; their costs to be paid from the fund; directions for further conduct made.

Orders

  • ['$39,664.81 (legal fees and remuneration) to be paid out to the plaintiffs (trustees) from funds in Court.' 'Plaintiffs’ costs of notice of motion assessed on indemnity basis (max $14,500) to be paid from funds in Court.' 'Competing claims to balance of funds reserved for later consideration.' 'Proceedings to be...