Green v Bramston & Ors

Green v Bramston & Ors

The trustee's entitlement to a Berkeley Applegate allowance for remuneration, costs, and expenses incurred in realising the properties is not compromised by the settlement deed, and the allowance should be limited to costs relating to possession and sale, not investigation of beneficial ownership. The award operates...

Source-derived case information.

Parties
Applicant: Elliot Green; Respondent: Timothy Bramston; Respondent: Kingshouse Developments Ltd
Jurisdiction
England and Wales
Judgment Date
02 December 2010
Procedural Posture
Application / Judgment
Outcome
Application allowed in part
Legal Topics
Berkeley Applegate Jurisdiction, Trustee Remuneration, Liquidation Expenses, Settlement Deed Interpretation
Insolvency Trusts Berkeley Applegate Jurisdiction Trustee Remuneration Liquidation Expenses Settlement Deed Interpretation

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Parties

Elliot Green

Applicant

Timothy Bramston

Respondent

Kingshouse Developments Ltd

Respondent

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether the trustee in bankruptcy is entitled to an indemnity for remuneration, costs, and expenses from the proceeds of sale of properties held on trust for the company
  2. 2 Whether the settlement deed precludes a Berkeley Applegate claim for periods prior to its execution
  3. 3 Scope of costs recoverable under the Berkeley Applegate jurisdiction

Ratio Decidendi

The trustee's entitlement to a Berkeley Applegate allowance for remuneration, costs, and expenses incurred in realising the properties is not compromised by the settlement deed, and the allowance should be limited to costs relating to possession and sale, not investigation of beneficial ownership. The award operates as a proprietary interest in the trust property, ranking before other claims in the liquidation.

Court Disposition

Application allowed in part

Orders

  • Trustee entitled to a Berkeley Applegate allowance for reasonable remuneration, costs, and expenses incurred in obtaining possession and disposing of the properties, to be paid from the proceeds of sale before distribution to the company.
  • Allowance does not extend to costs incurred in investigating beneficial ownership.