Wavish (Bankrupt), in the matter of Wavish (Bankrupt) v Micheltto (Trustee) [2020] FCA 1874

Wavish (Bankrupt), in the matter of Wavish (Bankrupt) v Micheltto (Trustee) [2020] FCA 1874

Ms Wavish effectively surrendered and Trustees and Lion Finance were successful; however, applicant achieved partial success in reducing trustee remuneration, justifying a deduction in costs entitlement. Trustees awarded 75% of their costs, Lion Finance all their costs, both out of the estate.

Jurisdiction
Australia
Judgment Date
23 December 2020
Procedural Posture
Costs Determination / Post Abandonment; Costs Orders Following Dismissal
Outcome
Proceeding dismissed; costs orders made
Legal Topics
['costs' 'abandonment of Proceeding' 'sequestration Order' 'annulment of Bankruptcy']
['insolvency' 'bankruptcy' 'practice and Procedure'] ['costs' 'abandonment of Proceeding' 'sequestration Order' 'annulment of Bankruptcy']

Case Brief

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Procedural Posture

Costs Determination / Post Abandonment; Costs Orders Following Dismissal

Legal Issues

  1. 1 ['Whether costs should be awarded when the applicant abandons her proceeding' "Whether applicant's partial success in reducing trustee remuneration affects costs entitlement" 'Whether conduct of parties was unreasonable so as to warrant indemnity costs']

Ratio Decidendi

Ms Wavish effectively surrendered and Trustees and Lion Finance were successful; however, applicant achieved partial success in reducing trustee remuneration, justifying a deduction in costs entitlement. Trustees awarded 75% of their costs, Lion Finance all their costs, both out of the estate.

Court Disposition

Proceeding dismissed; costs orders made

Orders

  • ['The proceeding be dismissed.' 'Applicant pay 75% of the costs of the First and Second Respondents, and the total costs of the Third Respondent, on a party/party basis out of the estate.']