Clyne, P.L. v. The Deputy Commissioner of Taxation [1985] FCA 462

of

4. 6 2 CATCHWORDS

Bankruptcy - application by trustee for leave to make allowance to bankrupt for purpose of legal representation by senior and junior counsel at public examination - whether

reasonable to retain two counsel ~ whether Court bound by

views of trustee.

PETER LEOPOLD CLYNE v. THE DEPUTY COMMISSIONER OF TAXATION

No. P.929 of 1983

Beaumont, J. Sydney

13 September 1985

IN_THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION, BANKRUPCY No. F929 of 1983

DISTRICT OF NEW SOUTH WALES AND

wee

THE AUSTRALIAN CAPITAL TERRITORY

RE: PETER LEOPOLD CLYNE Bankrupt Ex parte:

THE DEPUTY COMMISSIONER OF TAXATION

Petitioning Creditor

MINUTE OF ORDER JUDGE MAKING ORDER: Beaumont J. DATE ORDER MADE: 13 September 1985 WHERE MADE: Sydney

THE COURT QRDERS THAT:

1. Leave be granted to the trustee to make an allowance to the bankrupt in the further sum of $12,000.00 for the purpose of the bankrupt's retainer of counsel and solicitors at his public examination on 16, 17 and 18 September 1985.

2. Upon the application of any party, the costs incurred by the bankrupt to the date of any such application in being represented at his public examination be taxed by a taxing ofiicer on a solicitor and client basis.

3. Application stood over to 23 September 1985 at 9.30 a.m.

4. Costs reserved.

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION, BANKRUPCY No. P929 of 1983

DISTRICT OF NEW SOUTH WALES AND

wee weer ww

THE AUSTRALIAN CAPITAL TERRITORY

RE: PETER LEOPOLD CLYNE Bankrupt Ex parte:

THE DEPUTY COMMISSIONER OF TAXATION

Petitioning Creditor CORAM: Beaumont J..