Maxwell-Smith v Donnelly [2007] FCAFC 180

FEDERAL COURT OF AUSTRALIA

Maxwell-Smith v Donnelly [2007] FCAFC 180 COSTS – costs of trustee for inquiry into conduct of the trustee under s 129 of the Bankruptcy Act – no error in awarding costs to include remuneration, charges and expenses– additional submissions not considered by primary judge due to filing error – allegation of procedural fairness not established – appeal dismissed

Bankruptcy Act 1966 (Cth) s 179 Maxwell-Smith v Donnelly [2006] FCAFC 150 cited Maxwell-Smith v Donnelly (in the matter of Inge and Eugene Maxwell-Smith) [2007] FCA 894 cited Maxwell-Smith v Donnelly (in the matter of Inge and Eugene Maxwell-Smith) [2007] FCA 1097 cited Maxwell-Smith v Max Christopher Donnelly (in the matter of Inge and Eugene Maxwell-Smith) [2007] FCA 1005 cited Pantzer v Wenkart (2006) 153 FCR 466 cited INGE MAXWELL-SMITH AND EUGENE MAXWELL-SMITH v MAX CHRISTOPHER DONNELLY NSD 1180 OF 2007

BENNETT, EDMONDS AND FLICK JJ

23 NOVEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1180 OF 2007

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: INGE MAXWELL-SMITH

First Appellant

EUGENE MAXWELL-SMITH

Second Appellant

AND: MAX CHRISTOPHER DONNELLY

Respondent

JUDGES: BENNETT, EDMONDS AND FLICK JJ DATE OF ORDER: 23 NOVEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. Leave is given to the parties to file and serve any written submissions on the order for costs of the appeal within seven (7) days. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1180 OF 2007

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: INGE MAXWELL-SMITH