Maxwell-Smith v Donnelly (in the matter of Inge and Eugene Maxwell-Smith) [2007] FCA 1005

Maxwell-Smith v Donnelly (in the matter of Inge and Eugene Maxwell-Smith) [2007] FCA 1005

The respondent trustee is entitled to his costs, charges, expenses and remuneration for the inquiry, to be taxed in accordance with the Bankruptcy Act, as his actions in defending himself were in his capacity as trustee and supported by Pantzer v Wenkart.

Jurisdiction
Australia
Judgment Date
06 July 2007
Procedural Posture
Bankruptcy Inquiry / Post Inquiry, Orders Following Submissions
Outcome
Order 1 of 8 June 2007 replaced; applicants to pay respondent trustee's costs, charges, expenses, and remuneration as taxed; these form part of trustee's expenses of estate administration.
Legal Topics
["trustee's Conduct" "trustee's Entitlement to Costs and Remuneration"]
['bankruptcy'] ["trustee's Conduct" "trustee's Entitlement to Costs and Remuneration"]

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Bankruptcy Inquiry / Post Inquiry, Orders Following Submissions

Legal Issues

  1. 1 ['Whether the respondent trustee, Max Christopher Donnelly, is entitled to his charges, expenses and remuneration, including legal costs, in relation to defending himself in the inquiry']

Ratio Decidendi

The respondent trustee is entitled to his costs, charges, expenses and remuneration for the inquiry, to be taxed in accordance with the Bankruptcy Act, as his actions in defending himself were in his capacity as trustee and supported by Pantzer v Wenkart.

Court Disposition

Order 1 of 8 June 2007 replaced; applicants to pay respondent trustee's costs, charges, expenses, and remuneration as taxed; these form part of trustee's expenses of estate administration.

Orders

  • ["Order 1 made on 8 June 2007 replaced; applicants to pay costs, charges and expenses of respondent as taxed in accordance with the Bankruptcy Act 1966 (Cth); costs, remuneration and expenses form part of the trustee's costs of administration of the former bankrupt estate of Mr and Mrs Maxwell-Smith."]