Federal Court of Australia
Ab
CATCHWORDS
Bankruptcy - taxation of costs - application by petitioning creditor to review taxation of bill of costs - taxing officer disallowed claims for an allowance when a solicitor acts as counsel and for travelling time to and from court - whether taxing
officer committed error of principle.
LES DACEY; ex parte CHICK & KEV DISTRIBUTORS PTY. LIMITED
NO. W 384 of 1979 LOCKHART J. AT SYDNEY
FRIDAY 1 MAY 1981
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE OF
No. W 384 of 1979 NEW SOUTH WALES AND THE
AUSTRALIAN CAPITAL TERRITORY
RE: LES DACEY
EX PARTE: CHICK & KEV DISTRIBUTORS PTY. LIMITED
ORDER JUDGE MAKING ORDER: LOCKHART J. WHERE MADE: AT SYDNEY DATE OF ORDER: FRIDAY 1 MAY 1981
THE COURT ORDERS THAT:
The application be dismissed
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
) ) ) ) BANKRUPTCY DISTRICT OF THE STATE OF ) No. W384 of 1979 ) NEW SOUTH WALES AND THE )
)
)
AUSTRALIAN CAPITAL TERRITORY
RE: LES DACEY EX PARTE: CHICK & KEV DISTRIBUTORS
PTY. LIMITED
REASONS FOR JUDGMENT
LOCKHART J. 1 May 1981
AT SYDNEY
This is an application to review the decision of a Deputy Registrar in Bankruptcy disallowing certain items on the taxation of a bill of costs.
A sequestration order: was made by this Court against the estate of Les Dacey ("the bankrupt") on 8 May 1979 on the petition of Chick & Kev Distributors Pty. Limited ("the petitioning creditor"). The petitioning creditor's solicitors filed their bill of costs whach was taxed on 19 February 1980. The certificate of taxation 1ssued on 18 April 1980. The bill of costs covered the work generally carried out by a solicitor for a petitioning creditor but, in addition, included three items which the taxing officer disallowed. They are described in the applicatior as follows:-
(a) " 8.5.1979 23 (a) Allowance under Rules 170 (4) and 171 (4) for Solicitor acting as Counsel $40.00."
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