Coshott v Burke [2013] FCA 647

Coshott v Burke [2013] FCA 647

The respondent's incomplete disclosure regarding his reasons for resigning as trustee was misleading, but the undisclosed matters did not relate to the applicant's bankrupt estate or affect the substance of the costs order, which related to defending the earlier application for removal on grounds ultimately abandoned. There was no basis to revoke the costs order.

Jurisdiction
Australia
Judgment Date
03 July 2013
Procedural Posture
Application / Interlocutory Application to Revoke Costs Order
Outcome
Application to revoke costs order dismissed
Legal Topics
['trustee Removal' 'costs Orders' 'resignation of Trustee']
['bankruptcy'] ['trustee Removal' 'costs Orders' 'resignation of Trustee']

Case Brief

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Procedural Posture

Application / Interlocutory Application to Revoke Costs Order

Legal Issues

  1. 1 ['Whether costs order in favour of former trustee should be revoked due to incomplete disclosure of reasons for resignation' 'Whether incomplete information before the court affected entitlement to costs']

Ratio Decidendi

The respondent's incomplete disclosure regarding his reasons for resigning as trustee was misleading, but the undisclosed matters did not relate to the applicant's bankrupt estate or affect the substance of the costs order, which related to defending the earlier application for removal on grounds ultimately abandoned. There was no basis to revoke the costs order.

Court Disposition

Application to revoke costs order dismissed

Orders

  • ['To the extent it was not the subject of order 1 on 7 June 2013, the interim application filed on 3 May 2013 is dismissed with costs.']