O'Brien, J.W. v Clyne, P.L. & Ors [1986] FCA 46

The trustee is entitled to be indemnified in respect of costs for work performed in realisation of the bankrupt's estate as there was no finding that the trustee acted unreasonably or improperly.

Jurisdiction: Australia
Judgment Date: 18 February 1986
Procedural Posture: Bankruptcy / Post Judgment Application for Costs
Outcome: Bankrupt ordered to pay trustee's costs.
Legal Topics: ["trustee's Right to Indemnity" 'costs in Bankruptcy Proceedings']

['bankruptcy'] ["trustee's Right to Indemnity" 'costs in Bankruptcy Proceedings']

Case Brief

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Procedural Posture

Bankruptcy / Post Judgment Application for Costs

Legal Issues

1 ["Whether trustee is entitled to indemnity for costs incurred in the realisation of a bankrupt's estate where actions are not unreasonable or improper"]

Ratio Decidendi

The trustee is entitled to be indemnified in respect of costs for work performed in realisation of the bankrupt's estate as there was no finding that the trustee acted unreasonably or improperly.

Court Disposition

Bankrupt ordered to pay trustee's costs.

Orders

['The bankrupt pay to the trustee his costs of and incidental to the application including reserved costs to be taxed.']