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Mendonca v Tonna; Mendonca v Hathaway; The application of Hathaway and Hosking [2024] NSWSC 1024
Costs judgment in trust-sale proceedings: the Court held Dr Mendonca had capitulated on her challenges and ordered costs against her, with trustee costs largely met from her share.
Mutton (liquidator) v De Matteis, in the matter of De Matteis Pty Ltd (in liq) [2023] FCA 1649
The Federal Court dismissed a creditor’s petition, set aside a sequestration order, and ordered the debtor to pay the trustee’s reasonable remuneration and expenses, capped at $35,000 plus GST.
Application by Maritime Super Pty Ltd atf Maritime Super [2021] NSWSC 1614
The Court granted judicial advice allowing Maritime Super’s trustee to amend its deed to charge a capped trustee fee, and made confidentiality orders over sensitive material.
Zepinic v Malanos [2020] NSWCA 293
The Court of Appeal dismissed Mr Zepinic’s leave application with costs, holding the proceeding fell within a vexatious proceedings order and no leave had been sought.
Joyce (Trustee), in the matter of Carr (Bankrupt) (Deceased) [2018] FCA 507
The Federal Court consolidated the bankrupt estates of Geoffrey Carr and Christina Mary Carr to facilitate proper administration and allowed the trustee’s costs.
Batmor Mortgages Pty Ltd v Salvatore Arcuri [2017] NSWSC 84
The Court upheld the removal and replacement of trustees under a unit trust, rejected a trustee remuneration claim, and ordered discharge of the disputed mortgage.
Inspector General in Bankruptcy v Coshott [2014] FCA 42
The Federal Court held the bankrupt was liable to pay taxation costs after requesting the taxation process, including costs linked to trustee remuneration and advisers’ fees.
Wenkart v Pantzer [2013] FCAFC 81
Full Court bankruptcy appeal about whether consent orders created an equitable charge securing a former trustee’s remuneration, expenses, interest and enforcement costs.
McDonald v Young (No 2) [2012] FCAFC 161
The Full Court partly allowed an appeal about costs and asset treatment, varied several orders, and granted the respondent a costs certificate.
In the matter of Creditors' Trust of Jackgreen (International) Pty Ltd [2011] NSWSC 748
The Supreme Court of New South Wales ordered further trustee remuneration from a creditors’ trust fund, finding court authority to approve payment beyond prior creditor limits.
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