In re the bankruptcy of Collings (No. 2)

In re the bankruptcy of Collings (No. 2)

The costs of the trustee's dismissed applications for special leave must be payable by the trustee out of the funds in his hands (not personally); taxation of those costs is governed by the Supreme Court Rules (Rules 91 et seq. and Form I) and not by the bankruptcy court tariff; matters not argued at the hearing (including personal adjudication of costs or set-off of other taxable costs) cannot be raised on settlement of the minutes.

Citation
[1936] SCR 613
Parties
Debtor: T. H. Collings; Respondent: K. Murphy; Trustee: Edward Wilkins
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 January 1937
Procedural Posture
Bankruptcy / Settlement of Minutes of Judgment Following Dismissal of Trustee's Application for Special Leave to Appeal
Outcome
Applications for special leave dismissed; minutes settled to provide costs payable by trustee out of funds in his hands; costs to be taxed under Supreme Court Rules; no personal liability for trustee; no set-off allowed for other taxable costs.
Legal Topics
Costs, Costs Taxation, Tariff, Set Off, Locus Standi, Leave to Appeal
Source Language
English
Civil Procedure Bankruptcy Costs Costs Taxation Tariff Set Off Locus Standi Leave to Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

T. H. Collings

Debtor

K. Murphy

Respondent

Edward Wilkins

Trustee

Procedural Posture

Bankruptcy / Settlement of Minutes of Judgment Following Dismissal of Trustee's Application for Special Leave to Appeal

Legal Issues

  1. 1 Whether costs should be adjudicated against the trustee personally or only out of trust funds
  2. 2 Which tariff governs taxation of costs on appeals in bankruptcy matters (Supreme Court Rules v. bankruptcy court tariff)
  3. 3 Whether taxable costs awarded in other bankruptcy proceedings may be set off against costs on this application

Ratio Decidendi

The costs of the trustee's dismissed applications for special leave must be payable by the trustee out of the funds in his hands (not personally); taxation of those costs is governed by the Supreme Court Rules (Rules 91 et seq. and Form I) and not by the bankruptcy court tariff; matters not argued at the hearing (including personal adjudication of costs or set-off of other taxable costs) cannot be raised on settlement of the minutes.

Court Disposition

Applications for special leave dismissed; minutes settled to provide costs payable by trustee out of funds in his hands; costs to be taxed under Supreme Court Rules; no personal liability for trustee; no set-off allowed for other taxable costs.

Orders

  • Judgments settled so that costs are payable by the Trustee out of the funds in his hands.
  • Costs to be taxed according to Rules 91 et seq. of the Supreme Court and Form I in the schedule to those Rules.