Federal Court of Australia
CATCHWORDS
Bankruptcy - costs - absconding debtor's warrant - whether creditors entitled to costs - debtor arrested in Sydney - whether conduct of creditors unreasonable so as to preclude them from
having costs of and incidental to return of debtor from Sydney to
Adelaide.
No. 882 of 1985
Re: ANTHONY PORTER Ex Parte JOHN FOSTER STRACHAN and DAVID
GRAHAM THOMAS
FORSTER J. ADELAIDE
28 NOVEMBER 1985
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE OF
) ) ) ) ) No. 882 of 1985 }
)
SOUTH AUSTRALIA
Re: ANTHONY PORTER Debtor Ex Parte: JOHN FOSTER STRACHAN and
DAVID GRAHAM THOMAS
Creditors
JUDGE MAKING ORDER: FORSTER J. DATE OF ORDER: 28 NOVEMBER 1985 WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
l.
The debtor pay the costs of the creditors of and incidental to the warrant of arrest including the return of the debtor to Adelaide, those costs to be taxed.
Out of the sum of $1,500-00 held in the trust account of the debtor's solicitors there be paid to Australian Government Solicitor the sum of $606-90 for payment to the Australian Federal Police.
The balance of the said sum is to await the result of
the taxation of the creditors' costs.
The costs of today are to be included in the costs to be
Paid by the debtor.
Settlement and entry of order is dealt with + in
Bankruptcy Rule 124.
sinw 7%
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
) ) ) ) GENERAL DIVISION ) No. 882 of 1985 ) BANKRUPTCY DISTRICT OF THE STATE OF)
)
SOUTH AUSTRALIA
Re: ANTHONY PORTER Debtor Ex Parte:
JOHN FOSTER STRACHAN
and
DAVID GRAHAM THOMAS
Creditors EX TEMPORE REASONS FOR JUDGMENT Forster J. : In this matter the creditors obtained from this court the issue of an absconding debtor's warrant under the Bankruptcy Act to arrest the debtor upon the footing that he was leaving the jurisdiction for the purpose of avoiding paying the judgment debt owing to them. I now have to consider the question as to whether the creditors should be paid the costs of their proceedings, that is to say the costs of the issue of the warrant and the costs of the return of the debtor together with
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