Young, in the matter of Macryannis (No 2) [2012] FCA 175

Young, in the matter of Macryannis (No 2) [2012] FCA 175

Although the Trustee had greater success in the proceeding, the two applications arose from the same dispute and substratum of facts, and it would be artificial to award costs separately. The earlier reasons showed fault, delay and confusion on both sides, with the greater fault lying with the Trustee because his unprofessional conduct may have avoided or shortened the litigation. In all the circumstances, the just result was to make no order as to costs so that each side bears its own costs.

Jurisdiction
Australia
Judgment Date
02 March 2012
Procedural Posture
Bankruptcy Costs Determination / Determined on the Papers After Earlier Reasons Disposing of Interim Applications
Outcome
No order as to costs; Kathryn Anne Young and Geoffrey David McDonald bear their own costs.
Legal Topics
['costs Discretion' 'indemnity Costs' 'trustee Remuneration' 'administration of Deceased Estate Under Bankruptcy Legislation' 'section 179 Enquiry']
['bankruptcy' 'costs'] ['costs Discretion' 'indemnity Costs' 'trustee Remuneration' 'administration of Deceased Estate Under Bankruptcy Legislation' 'section 179 Enquiry']

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Procedural Posture

Bankruptcy Costs Determination / Determined on the Papers After Earlier Reasons Disposing of Interim Applications

Legal Issues

  1. 1 ["Whether costs should be awarded separately in respect of Mrs Young's application for an enquiry under s 179 of the Bankruptcy Act 1966 (Cth) and the Trustee's interim application concerning remuneration." 'Whether the Trustee should receive indemnity or party-party costs despite criticisms of his conduct.' "Whether Mrs Young should receive costs because the Trustee's conduct contributed to the litigation." 'Whether the just result was to make no order as to costs.']

Ratio Decidendi

Although the Trustee had greater success in the proceeding, the two applications arose from the same dispute and substratum of facts, and it would be artificial to award costs separately. The earlier reasons showed fault, delay and confusion on both sides, with the greater fault lying with the Trustee because his unprofessional conduct may have avoided or shortened the litigation. In all the circumstances, the just result was to make no order as to costs so that each side bears its own costs.

Court Disposition

No order as to costs; Kathryn Anne Young and Geoffrey David McDonald bear their own costs.

Orders

  • ['There be no order as to costs with the intent that Kathryn Anne Young and Geoffrey David McDonald bear their own costs.']