Cooper v Official Receiver [2005] NICh 1 [2005] (26 May 2005)

Cooper v Official Receiver [2005] NICh 1 [2005] (26 May 2005)

The High Court in Northern Ireland has jurisdiction under Article 334 of the Insolvency (Northern Ireland) Order 1989 to determine the fees and expenses of trustees in bankruptcy upon application by the bankrupt, as this is a question arising in the bankruptcy. There is no alternative statutory basis for the bankrupt to challenge the trustees' remuneration, and the court's general power of control extends to this issue.

Parties
Applicant: Samuel E Cooper; First Respondent: John Houston and Ian Finnegan as Trustees in Bankruptcy of the Estate of Samuel E Cooper; Second Respondent: Joseph Hasson as Official Receiver
Jurisdiction
Northern Ireland
Judgment Date
26 May 2005
Procedural Posture
Bankruptcy Application / Application for Determination of Trustees' Fees and Annulment of Bankruptcy Order
Outcome
Application allowed in part; court has jurisdiction to determine trustees' fees and expenses; bankruptcy order to be annulled on conditions.
Legal Topics
Trustee Remuneration, Court Jurisdiction, Annulment of Bankruptcy, Expenses in Bankruptcy, Taxation of Costs
Insolvency Bankruptcy Trustee Remuneration Court Jurisdiction Annulment of Bankruptcy Expenses in Bankruptcy Taxation of Costs

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Parties

Samuel E Cooper

Applicant

John Houston and Ian Finnegan as Trustees in Bankruptcy of the Estate of Samuel E Cooper

First Respondent

Joseph Hasson as Official Receiver

Second Respondent

Procedural Posture

Bankruptcy Application / Application for Determination of Trustees' Fees and Annulment of Bankruptcy Order

Legal Issues

  1. 1 Does the High Court have jurisdiction to determine the fees and expenses of trustees in bankruptcy at the behest of the bankrupt?
  2. 2 Is the bankrupt entitled to challenge the trustees' remuneration and expenses?
  3. 3 Should the bankruptcy order be annulled under Article 256(1)(b) of the Insolvency (Northern Ireland) Order 1989?

Ratio Decidendi

The High Court in Northern Ireland has jurisdiction under Article 334 of the Insolvency (Northern Ireland) Order 1989 to determine the fees and expenses of trustees in bankruptcy upon application by the bankrupt, as this is a question arising in the bankruptcy. There is no alternative statutory basis for the bankrupt to challenge the trustees' remuneration, and the court's general power of control extends to this issue.

Court Disposition

Application allowed in part; court has jurisdiction to determine trustees' fees and expenses; bankruptcy order to be annulled on conditions.

Orders

  • Trustees to furnish the bankrupt with particulars of work completed during the time charged in appropriate narrative form.
  • Assessment of trustees' fees referred to the Master.