Federal Court of Australia
CATCHWORDS
Bankruptcy ~ Calculation of fee payable to Registrar under 1.179 on the furnishing by trustee of an account of receipts and payments - whether fee calculated on basis of total realisation of assets of bankrupt or where there is a surplus on an amount
sufficient to pay creditors one hundred cents in the dollar only.
Bankruptcy Act s.175(1), s.148 - Rules 179(2), (4) & (5)
Delaney ex parte Delaney (1932) 4 A.B.C. 255
Matter No. 257 of 1984
LAWRENCE JOHN HUGHES and BETTY DAWN HUGHES ex parte Richard
George Freer, Registered Trustee
FORSTER, J.
ADELAIDE
12 JUNE, 1987
IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION No. 257 of 1984
BANKRUPTCY DISTRICT OF THE STATE
OF SOUTH AUSTRALIA
Re: LAWRENCE JOHN HUGHES -and-
Re: BETTY DAWN HUGHES
Ex Parte Richard George Freer
Registered Trustee, of 210 Greenhill Road, Eastwood.
JUDGE MAKING ORDER 3 FORSTER J.
WHERE MADE H ADELAIDE
DATE OF ORDER $ 12 JUNE, 1987
THE COURT ORDERS THAT:
1. The trustee pay to the Registrar a fee pursuant to r.179
on the basis of the total amount received by him of the estate or
in relation to the debtors.
Note: Settlement and entry of order is dealt with in Bankruptcy Rule 124.
IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION No. 257 of 1984
BANKRUPTCY DISTRICT OF THE STATE
ee SS ee
OF SOUTH AUSTRALIA
Re: LAWRENCE JOHN HUGHES
-and-
Re: BETTY DAWN HUGHES
Ex Parte Richard George Freer Registered Trustee, of 210 Greenhill Road, Eastwood.
REASONS FOR JUDGMENT
FORSTER J. :
This is an application by the trustee of the bankrupt estates of the above persons. The trustee seeks directions as to the amount of fees he should pay pursuant tor. 179 of the Bankruptcy Rules. The estates of the bankrupts have been to an extent realised and one hundred cents in the dollar has been paid to creditors with respect to proved debts. There is a fairly considerable surplus in the hands of the trustee. The Registrar has said that he will assess the fee payable on the furnishing of an account pursuant to 8.175(1)(a) of the Bankruptcy Act on the
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