Re Ayre, S.J. v Ex parte Deputy Commissioner of Taxation [1995] FCA 520

CATCHWORDS BANKRUPTCY - Trustee in bankruptcy and creditor sought an order for costs pursuant to s 32 Bankruptcy Act against the other following the withdrawal by the creditor of an application for annulment of the bankrupt's bankruptcy - costs order made in favour of non-party trustee in bankruptcy Bankruptcy Act 1966 (Cth) - ss 32, 122, 153B, 162 Federal Court of Australia Act 1976 (Cth) - ss 4, 43 Bankruptcy Rules - rr 4(2), 5, 57(2A) (3) and (4) Bills of Sale and Other Instruments Act 1955-1986 (Qld) - s 21 Rules of the Supreme Court of Queensland - O 91 r 1 Adsett v Berlouis (1992) 37 FCR 201 Referred to Bent v Gough (1992) 36 FCR 204 Referred to Boral Johns Perry Industries Pty Limited v Piccardi (Full Federal Court, unreported, 27 June, 1989) Referred to Caboolture Park Shopping Centre Pty Ltd (in liq) v White Industries (Qld) Pty Ltd (1993) 117 ALR 253 Referred to Cachia v Hanes (1994) 179 CLR 403 Referred to Central Trust Co v Rafuse (1987) 31 DLR (4th) 481 Referred to Re Doney; Ex parte Doney (1901) 18 NSWWN 73 Referred to Re Hatcher (French J, unreported, 6 November, 1987) Referred to Re Kersten (1986) 65 ALR 372 Referred to Knight v F P Special Assets Limited (1992) 174 CLR 178 Applied Re Maher (1985) 7 FCR 240 Referred to In re Oswell; Ex parte The Board of Trade (1892) 9 Morr 202 Referred to Re Todd (1910) 10 SRNSW 281 Referred to Re Suzanne J. Ayre; Ex parte Deputy Commissioner of Taxation QP 746 of 1994 Drummond J Brisbane 25 July, 1995

IN THE FEDERAL COURT OF AUSTRALIA ) No. QP 746 of 1994 GENERAL DIVISION ) BANKRUPTCY DISTRICT OF ) THE STATE OF QUEENSLAND ) RE: SUZANNE J. AYRE Debtor EX PARTE:DEPUTY COMMISSIONER OF TAXATION Creditor MINUTES OF ORDER JUDGE MAKING ORDER: Drummond J DATE OF ORDER: 25 July, 1995 WHERE MADE: Brisbane THE COURT ORDERS THAT: 1. The Deputy Commissioner of Taxation pay the trustee's costs of the Deputy Commissioner of Taxation's application of 29 July, 1994 limited to the trustee's costs of the preparation and filing of the trustee's affidavits filed 29 July, 1994, 10 August, 1994 and 17 November, 1994 and the trustee's costs of his solicitor's appearance at the hearing on 28 September, 1994, all to be taxed. 2. The Deputy Commissioner of Taxation pay the trustee's costs of and incidental to the hearing of 17 November, 1994, to be taxed. NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.