Federal Court of Australia
CATCHWORDS
eee FF Me™
General DISTRIBUTION
BANKRUPTCY - disagreement between bankrupt & trustee - issue
a
mM
A in a.
cL
imeroper - whether
@A.3.c.
by Ccurt - bankrupt's actions not unreasonable or
against bankrupt.
Australian Mosaic Flooring
Bankruptcy Act 1966, ©.32.
Fe Nassoor; Ex parte Officzral Receiver (1935
Fe Dusseck; Ex parte The Trustee v.
Ltd .1964) 20 34.8.C. 159
John William O'Brien v. Pater Leopold Clyne & Ors. No, W929 of 1982
Teckson J.
18 February 1986
Zyaney.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DLVISTON )
un
BANKRUPTCY DISTRICT OF THE STATE OF ) No.W929 of 1983
NEW SOUTH WALES AND )
He AUSTRALIAN CAPITAL TERRITOPY )
JOHN WILLIAM 0' BRIEN
Applicant ve
PETER LEOPOLD CLYNE
THE CLERE, ST JAMES CENTRE,
COPAM: JACKSON 7. DATE: léth February 1986 PLACE: SYDNEY
REASCNS FOR SUDGMENT
In this matter I gave judgment on 20th December 1985 in favour of the trustee in bankruptcy and the trustee in bankruptcy
seeks an order that the respondent pay the saste of the
for the work performed by him in the realisation of the bankrust's estate. A qualification to the rule is that if he
acts unreascnably or improperly, his entitlement to that
indemnity will be treated as not existing.
There seems to me no reason why those principles should be then apelied to the position as between the parties to litigation
inter cartes and I decline to do soa.
in the circumstances I order that the bankrupt pay ta the trustee his costs of and incidental to the application including
reserved costs to be taxed.
I certify that th2s and the 2 preceding pades are a true copy of the
Reasons for Judgment herein of
Date: /9-a-36
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