Draper v Official Trustee in Bankruptcy (No 2) [2006] FCAFC 194

FEDERAL COURT OF AUSTRALIA

Draper v Official Trustee in Bankruptcy (No 2) [2006] FCAFC 194

KEITH LAWRENCE DRAPER AND BARBARA OLIVE DRAPER v OFFICIAL TRUSTEE IN BANKRUPTCY AND BRUCE JAMES CARTER AS TRUSTEE OF THE BANKRUPT ESTATE OF KEITH LAWRENCE DRAPER SAD 268 OF 2005

MANSFIELD, RARES & BESANKO JJ

22 DECEMBER 2006

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 268 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: KEITH LAWRENCE DRAPER AND BARBARA OLIVE DRAPER

Appellants

AND: OFFICIAL TRUSTEE IN BANKRUPTCY AND BRUCE JAMES CARTER AS TRUSTEE OF THE BANKRUPT ESTATE OF KEITH LAWRENCE DRAPER

Respondents

JUDGES: MANSFIELD, RARES & BESANKO JJ DATE OF ORDER: 22 DECEMBER 2006

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. Each party bear his or her costs of the appeal. 2. The costs of the proceedings before the Federal Magistrates Court as between Keith Lawrence Draper and Barbara Olive Draper and the Official Trustee in Bankruptcy be as follows: (a) Keith Lawrence Draper and Barbara Olive Draper pay to the Official Trustee in Bankruptcy one half of the costs of the Official Trustee in Bankruptcy; (b) the other half of those costs be reserved to the Federal Magistrate who re-hears and determines the issues in respect of which the Court has ordered a new trial. 3. There be no order for the costs of the proceedings before the Federal Magistrates Court as between Keith Lawrence Draper and Barbara Olive Draper and Bruce James Carter as Trustee of the Bankrupt Estate of Keith Lawrence Draper. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 268 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA