Federal Court of Australia
CATCHWORDS Bankruptcy - Discharge - Trustee's application for dismissed - Bankrupt's costs - Whether to order trustee.
Bankruptcy Act, 1966 - 5.149(12)
Hunter v. Official Trustee (1980) 33 Scott Fell v. Lloyd (1911) 13 C.L.R.
deferment payment by
Re Arthur Williams; Ex Parte Official Receiver (191317 2 K.B. 88
In re John Tweddle & Co. £1910] 2 K. Bottomley v. Brougham £13083 1 K.B.
RE: NOEL RODNEY CAMPBELL EX PARTE:
B. 697 584 at 587-588
THE OFFICIAL TRUSTEE
No. 234 of 1977
Jenkinson J. Melbourne 6 April, 1987
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE OF VICTORIA
No. 234 of 1977
RE: NOEL RODNEY CAMPBELL
A Bankrupt EX PARTE: THE OFFICIAL TRUSTEE
Applicant
CORAM: Jenkinson Jd. PLACE: Melbourne DATE: 6 April, 1987
REASONS FOR JUDGMENT
On 30 May 1986 I dismissed an application, by the trustee of the bankrupt estate of Noel Rodney Campbell, for an order that the bankrupt should not be discharged from bankruptcy by virtue of s.149 of the Bankruptcy Act 1966. Mr. Campbell, who
had appeared by counsel to resist the application, sought an order that his taxed costs of the application be paid by the applicant trustee. It was submitted by Mr. McLean of counsel for Mr. Campbell that the Official Trustee, like any trustee of the estate of a bankrupt, was liable to be ordered to pay the bankrupt's costs of an unsuccessful application under 5.149(12) of the Bankruptcy Act 1966, by exercise of the discretionary power with respect to costs in accordance with the same general principles as guide the exercise of the discretion in civil litigation between
parties who are acting in furtherance of their own interests. The
applicability of those principles to a proceeding instituted by the trustee of a bankrupt under that sub-section was established, according to the submission, by Hunter v. Official Receiver (1980)
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