9 May 2019
Following McGuire the Commissioner may recover actual in-house costs; the hourly rates and time claimed were reasonable and conservatively calculated, and the Commissioner was awarded costs of $821.00 and disbursements of $839.17, disbursements exclusive of GST.
1 Apr 2015
Because the trustee under the proposal applied funds in accordance with the court's prior directions, creditors were adequately identified and treated consistently, and the child support liability that would have survived discharge was paid, the court was satisfied the statutory and equitable bases for early discharge and for approving the proposal (with a non‑substantive amendment under s 333(6)) were made out; accordingly unconditional discharges and approval were ordered.
28 Nov 2014
The Court upheld the finding that Mr James paid or procured payments (including via OREL) which met liquidator remuneration and litigation costs properly incurred for the company in liquidation; those payments fell within Schedule 7 cl 1(a) and by subrogation and equity offset the preferential receipts of $60,904, and it was appropriate under s295 to deny the liquidator repayment in this rare case.
29 Apr 2013
The court held that interest capitalised in accordance with the Senior Facility Agreement ceased to be interest and became part of the principal facility outstanding for the purposes of the inter creditor deed; the deletion of '(including capitalised interest)' from paragraph (b) supports that construction; non-waiver clauses did not permit BOS to reverse its prior election to capitalise interest and treat it as interest again; on that basis BOS received $804,586.91 in excess and judgment in that sum was entered for Strategic.
7 Feb 2013
The Court fixed the Official Assignee's remuneration as reasonable given the complexity and lack of cooperation by the bankrupt, allowed time costs of $27,514.90 and reduced disbursements to $7,861.21 by disallowing $4,000 of external legal fees relating to the annulment and $327.90 for taxi/rental charges, ordered payment of the judgment creditor's principal $19,853.58 and costs $6,672.10 from funds held by the Official Assignee, and directed that the annulment order shall lie in Court and not be released until the bankrupt provides sufficient funds to pay the Official Assignee's fixed amoun…