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