Frost v Bovaird [2012] FCAFC 60

FEDERAL COURT OF AUSTRALIA

Frost v Bovaird [2012] FCAFC 60 Citation: Frost v Bovaird [2012] FCAFC 60

Appeal from: Bovaird v The Trustee of the Bankrupt Estate of Frost [2010] FCA 1159, Bovaird v The Trustee of the Bankrupt Estate of Frost (No 2) [2011] FCA 465

Parties: ALAN MAXWELL FROST AND DIANA CATHERINE FALLON v LEON LEWIS MACGILLIVRAY BOVAIRD, ALAN MAXWELL FROST AND DIANA CATHERINE FALLON v MONICA CATHERINE BOVAIRD, ALAN MAXWELL FROST AND DIANA CATHERINE FALLON v THE TRUSTEE OF THE BANKRUPT ESTATE OF MAXWELL WALTER ALLEN FROST, ALAN MAXWELL FROST AND DIANA CATHERINE FALLON v MONICA CATHERINE BOVAIRD AND LEON LEWIS MACGILLIVRAY BOVAIRD

File numbers: NSD 714 of 2011 NSD 725 of 2011 NSD 727 of 2011 NSD 728 of 2011

Judges: JACOBSON, SIOPIS AND NICHOLAS JJ

Date of judgment: 30 April 2012

Catchwords: BANKRUPTCY – application by trustee in bankruptcy for directions under s 134(4) of the Bankruptcy Act 1966 (Cth) – deceased estate – judgment given in New South Wales Supreme Court against executors of deceased estate in favour of relatives of the deceased for the payment of monies and that costs be paid out of the deceased estate – deceased estate placed into bankruptcy administration – relatives appealed against the costs orders made by the New South Wales Supreme Court – whether trustee in bankruptcy should indemnify executors in respect of the costs of the appeal from the assets of the bankrupt estate – relatives commenced devastavit proceeding in New South Wales Supreme Court alleging misuse of office by the executors – whether trustee in bankruptcy should indemnify executors in respect of their legal costs in the devastavit proceeding.