Federal Court of Australia
"158
Bankruptcy: Award of costs assisted person prior to t being made against him - whe
Aid Commission Act 1978 (V1
awarced shall be payable to as a settlement within the
Act 1966.
Bankrustcy Act 1966 (Cwth) ss.
ic
éqai Ata ACL 139609 \Vicy ss.l
Leqa> Aid Commission Act 19738
Re: DAVID JORN EMANUELLI: EX PARTE: ALAN MURRAY HCRSBURGH (3
made in favour of a legally he date of a sequegtration orcer ther the provisions of the Legqai c) which provide that the costs che Legal Aid Commission operate
terms of 3.120 of the Bankruxstcy
(Vic) 38.46, 47 and 54
[7]
$s
trustee cf the property of David Jonn Emanuelli, a bankrupt!
v. LEGAL ATID COMMISSION
Smithers oc.
Canterra.
26 November 19385
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE
OF VICTORIA
dudge Making Order:
Date of Order:
Where Made: Canberra.
THE COURT ORDERS THAT:
Smithers J.
26 November 1985
B
EX PARTE:
MINUTE OF ORDER
1. The application be dismissed.
No. 451 of 1984
DAVID JOHN EMANUELLT
(A Bankrupt)
ALAN MURRAY HORSBURGH (as trustee of the property of David John Emanuelli, a bankrupt)
(Applicant)
LEGAL AID COMMISSION
(Respondent)
2.
2.1 The questions raised in the application are answered as
follows:
(a) the amount of costs ordered to be paid to the
bankrupt should be paid to the Commission;
(b) the amount held should be paid to the Commission
in compliance with the Act;
(¢) the amount is not property of the bankrupt; (d) the whole of the amount is payable to the Commission;
(e) the applicant is not entitled to any part of the amount unless that amount together with the sum of $1040 paid by the bankrupt exceeds the sum which, in the opinion of the Commission, would if the bankrupt had not been an assisted person have been properly chargeable to him for costs as between solicitor and client in the relevant
matter.
2.2 The applicant is directed to act in accordance with the
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