Re Basile, T. v. Ex parte Ancich, E.J. [1985] FCA 474

Re Basile, T. v. Ex parte Ancich, E.J. [1985] FCA 474

No writ of execution may be issued in respect of the order for costs made by Spender J in these bankruptcy proceedings, as the rules supplement and supersede statutory power and do not provide for execution in bankruptcy cases.

Jurisdiction
Australia
Judgment Date
18 September 1985
Procedural Posture
Bankruptcy / Application for Writ of Execution; Referred Question After Judgment on Petition
Outcome
No writ of execution may be issued in respect of the costs order.
Legal Topics
['power to Issue Writs of Execution' 'relationship of Court Rules to Statutory Powers' 'enforcement of Costs Orders']
['bankruptcy' 'federal Jurisdiction'] ['power to Issue Writs of Execution' 'relationship of Court Rules to Statutory Powers' 'enforcement of Costs Orders']

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Procedural Posture

Bankruptcy / Application for Writ of Execution; Referred Question After Judgment on Petition

Legal Issues

  1. 1 ['Whether the Registrar in Bankruptcy may issue a writ of execution in respect of a Federal Court costs order made in bankruptcy proceedings' 'If so, what form should such writ take']

Ratio Decidendi

No writ of execution may be issued in respect of the order for costs made by Spender J in these bankruptcy proceedings, as the rules supplement and supersede statutory power and do not provide for execution in bankruptcy cases.

Court Disposition

No writ of execution may be issued in respect of the costs order.

Orders

  • ['No writ of execution is to issue in respect of the order for costs made by Spender J.']