Re Theo, Sol Ex Parte Official Trustee in Bankruptcy [1997] FCA 242

CATCHWORDS PRACTICE AND PROCEDURE - taxation of costs - bankruptcy - whether Deputy District Registrar of Federal Court lacks power to tax costs payable to litigant in bankruptcy proceedings - where respondents legal practitioners - whether entitled to recover same range of costs as if they had retained other legal representation. Bankruptcy Act 1966 (Cth) - ss 14, 167, 315 Bankruptcy Rules - r 4 Federal Court Rules - O 77 r 1, O 62 rr 8 and 39 Cases Considered Cameron v Cole (1944) 68 CLR 571 Cachia v Hanes (1994) 179 CLR 403 Cashman & Partners v Secretary, Department of Human Services and Health (1995) 61 FCR 301 RE SOL THEO; EX PARTE OFFICIAL TRUSTEE IN BANKRUPTCY QB 1422 OF 1990 DRUMMOND J BRISBANE 8 APRIL 1997

IN THE FEDERAL COURT OF AUSTRALIA No QB 1422 of 1990 GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND RE: SOL THEO Applicant EX PARTE: OFFICIAL TRUSTEE IN BANKRUPTCY Respondent MINUTES OF ORDERS CORAM: Drummond J DATE OF ORDER: 8 April 1997 WHERE MADE: Brisbane THE COURT ORDERS THAT:

1. The applicant's notice of motion is dismissed.

NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA No QB 1422 of 1990 GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND RE: SOL THEO Applicant EX PARTE: OFFICIAL TRUSTEE IN BANKRUPTCY Respondent CORAM: Drummond J DATE: 8 April 1997 PLACE: Brisbane REASONS FOR JUDGMENT

Mr Theo applies for an order that "a taxation of bills of costs filed by the statutory trustees for sale pursuant to orders of the Court of 2 September 1996 and 3 October 1996 be reviewed".

However, as Mr Theo made clear in argument, he seeks an order setting aside the certificates of taxation of those costs on the ground that, since the 1996 amendments to the Bankruptcy Act 1966 (Cth), which came into effect on 16 December 1996, the Deputy Registrar of this Court has no power to tax the costs in question.