Inspector General in Bankruptcy v Coshott [2014] FCA 42

Inspector General in Bankruptcy v Coshott [2014] FCA 42

The respondent is liable under Bankruptcy Regulations 8.11A(2) to pay the full costs of the taxation ($144,962.12) because he was the person who requested the taxation, initiating the process and its expansion to third-party costs; liability arises from legislative regime, not contract.

Parties
Applicant: Inspector General in Bankruptcy; Respondent: Robert Gilbert Coshott
Jurisdiction
Australia
Judgment Date
07 February 2014
Procedural Posture
Bankruptcy Proceedings / Judgment and Orders Following Hearing
Outcome
The respondent is liable to pay the applicant $144,962.12 plus interest; application otherwise dismissed; parties to seek to agree costs order.
Legal Topics
Taxation of Bills of Costs, Trustee Remuneration, Liability for Costs, Statutory Interpretation
Bankruptcy Insolvency Law Taxation of Bills of Costs Trustee Remuneration Liability for Costs Statutory Interpretation

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Parties

Inspector General in Bankruptcy

Applicant

Robert Gilbert Coshott

Respondent

Procedural Posture

Bankruptcy Proceedings / Judgment and Orders Following Hearing

Legal Issues

  1. 1 Who is liable to pay the costs of taxation of trustee remuneration and professional fees in bankruptcy proceedings?
  2. 2 Whether taxation was requested by respondent or trustee?
  3. 3 Whether liability to pay for taxation arises in contract?

Ratio Decidendi

The respondent is liable under Bankruptcy Regulations 8.11A(2) to pay the full costs of the taxation ($144,962.12) because he was the person who requested the taxation, initiating the process and its expansion to third-party costs; liability arises from legislative regime, not contract.

Court Disposition

The respondent is liable to pay the applicant $144,962.12 plus interest; application otherwise dismissed; parties to seek to agree costs order.

Orders

  • The respondent is to pay the applicant $144,962.12 plus interest.
  • The parties are to seek to agree an order for costs by 14 February 2014 and to file an agreed order by close of business that day. If they cannot reach agreement, each is to file and serve their proposed order together with a supporting written submission not exceeding 2 pages in length by 18 February 2014.