Ross, Re F. & Anor Jolliffe, Ex Parte J. & Ors [1986] FCA 623

It would be unjust to make an order for costs against the debtors in light of their role as guided participants rather than prime actors in the issues investigated. The applications primarily concerned broader inquiries into trustee appointments and not wrongful conduct by the debtors.

Parties: Applicant: James John Jolliffe; First Respondent: Bryan Richard Harper; Second Respondent: The Official Trustee in Bankruptcy; Debtor: Frederick Ross Sherriff; Debtor: Helen Anne Sherriff; Solicitor for Debtors: Robert Clive Thompson
Jurisdiction: Australia
Judgment Date: 23 December 1986
Procedural Posture: Bankruptcy Application / Costs Application Following Examinations and Composition Proceedings
Outcome: application for costs refused
Legal Topics: Costs, Examination of Persons, Compositions Under Part X

Bankruptcy Costs Examination of Persons Compositions Under Part X

Case Brief

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Parties

James John Jolliffe

Applicant

Bryan Richard Harper

First Respondent

The Official Trustee in Bankruptcy

Second Respondent

Frederick Ross Sherriff

Debtor

Helen Anne Sherriff

Debtor

Robert Clive Thompson

Solicitor for Debtors

Procedural Posture

Bankruptcy Application / Costs Application Following Examinations and Composition Proceedings

Legal Issues

1 Whether costs of the Registrar's applications for examination should be ordered against the debtors

Ratio Decidendi

Court Disposition

application for costs refused

Orders

The applicant's application for the costs of the applications dated 21 April 1986 and 30 May 1986 is refused.