Lawman v Queensland Building Services Authority (No 2) [2000] FCA 174

Lawman v Queensland Building Services Authority (No 2) [2000] FCA 174

Both the trustee and the petitioning creditor are entitled to have their costs of the annulment proceedings paid out of the bankrupt's estate with the same priority as referenced in s 109(1)(a) of the Bankruptcy Act 1966 (Cth), due to the petitioning creditor's successful role in preserving the estate for the general body of creditors.

Jurisdiction
Australia
Judgment Date
25 February 2000
Procedural Posture
Appeal / Judgment on Costs Following Dismissal of Appeal
Outcome
costs ordered
Legal Topics
['priority of Costs' "distribution of Bankrupt's Estate" 'costs of Petitioning Creditor' 'costs of Trustee' 'annulment Proceedings']
['bankruptcy'] ['priority of Costs' "distribution of Bankrupt's Estate" 'costs of Petitioning Creditor' 'costs of Trustee' 'annulment Proceedings']

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Procedural Posture

Appeal / Judgment on Costs Following Dismissal of Appeal

Legal Issues

  1. 1 ["Whether the petitioning creditor and the trustee are entitled to have their costs of the annulment proceedings paid out of the bankrupt's estate and in what priority."]

Ratio Decidendi

Both the trustee and the petitioning creditor are entitled to have their costs of the annulment proceedings paid out of the bankrupt's estate with the same priority as referenced in s 109(1)(a) of the Bankruptcy Act 1966 (Cth), due to the petitioning creditor's successful role in preserving the estate for the general body of creditors.

Court Disposition

costs ordered

Orders

  • ["The first respondent's costs be paid out of the bankrupt's estate with the same priority accorded by s 109(1)(a) the Bankruptcy Act 1966 (Cth) to the trustee's costs." "The second respondent's costs be paid out of the bankrupt's estate."]