Re Neate, David William Ex Parte Pegasus Leasing Ltd Re Neate, Anne Elizabeth Ex Parte Pegasus Leasing Ltd [1996] FCA 12

CATCHWORDS BANKRUPTCY - costs - review of decision of Deputy Registrar - application for costs before Deputy Registrar on application for extension of time for compliance with bankruptcy notice - power of Court to award costs - whether proceeding before Court - whether Deputy Registrar was exercising a power or function of a Registrar in Bankruptcy or exercising a power of the Court as a Registrar of the Court - distinction between powers of Registrar in Bankruptcy and powers of a Registrar of the Court. Bankruptcy Act 1966 (Cth) ss 5, 13, 14, 31A, 32, 41(6A) (6B) (6C) and 315 Bankruptcy Rules (Cth) r 7 Federal Court of Australia Act 1976 (Cth) s 18N Re Kwiatek and Kwiatek; Ex parte Big J Ltd v Pattison (1989) 21 FCR 374 Re Kusmenko: Golovachenko v Official Receiver (1976) 28 FLR 183 No SP 297 of 1995 Re: DAVID WILLIAM NEATE Ex Parte: PEGASUS LEASING LIMITED AND No SP 298 of 1995 Re: ANNE ELIZABETH NEATE Ex Parte: PEGASUS LEASING LIMITED Branson J Adelaide 30 January 1996

IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) ) GENERAL DIVISION ) No SP 297 of 1995 and ) No SP 298 of 1995 BANKRUPTCY DISTRICT OF ) ) THE STATE OF SOUTH AUSTRALIA ) RE: DAVID WILLIAM NEATE Debtor EX PARTE: PEGASUS LEASING LIMITED Petitioning Creditor AND RE: ANNE ELIZABETH NEATE Debtor EX PARTE: PEGASUS LEASING LIMITED Petitioning Creditor REASONS FOR DECISION CORAM: Branson J PLACE: Adelaide DATE: 30 January 1996 On 15 December 1995 I gave ex tempore reasons in these matters confirming decisions of Deputy Registrar Fisher of 20 November 1995. At that time I ordered the debtors to pay the petitioning creditor's costs of the applications for the review of the Deputy Registrar's decisions. However, consideration of the petitioning creditor's applications for its costs before the Deputy Registrar was reserved to allow