Maxwell-Smith v Donnelly (in the matter of Inge and Eugene Maxwell-Smith) [2007] FCA 1097

Maxwell-Smith v Donnelly (in the matter of Inge and Eugene Maxwell-Smith) [2007] FCA 1097

There being no basis for criticism of the trustee or manager, the applicants must pay the costs, charges, remuneration and expenses of the respondent trustee, as taxed, and these form part of the administration of the former bankrupt estate.

Jurisdiction
Australia
Judgment Date
06 August 2007
Procedural Posture
Inquiry Under S 179 Bankruptcy Act 1966 (cth) / Final Orders at First Instance
Outcome
Final orders made entitling entry of First 6 July Order; orders staying and varying entry discharged.
Legal Topics
['conduct of Trustee' 'costs and Expenses' 'remuneration' 'appeal Procedures']
['insolvency' 'bankruptcy'] ['conduct of Trustee' 'costs and Expenses' 'remuneration' 'appeal Procedures']

Case Brief

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Procedural Posture

Inquiry Under S 179 Bankruptcy Act 1966 (cth) / Final Orders at First Instance

Legal Issues

  1. 1 ["Whether respondent trustee's conduct warranted criticism" 'Entitlement of trustee to costs, remuneration, and expenses' 'Leave to appeal and time for filing submissions']

Ratio Decidendi

There being no basis for criticism of the trustee or manager, the applicants must pay the costs, charges, remuneration and expenses of the respondent trustee, as taxed, and these form part of the administration of the former bankrupt estate.

Court Disposition

Final orders made entitling entry of First 6 July Order; orders staying and varying entry discharged.

Orders

  • ['Order 1 in the Second 6 July Orders and order 1(b) in the 20 July Orders discharged, permitting entry of the First 6 July Order' "Applicants to pay respondent's costs, charges, remuneration and expenses of the inquiry as taxed under Bankruptcy Act 1966 (Cth), forming part of trustee's costs and charges of the...