Pattison (Trustee), In the matter of Bellin (Bankrupt) v Bellin (No 2) [2000] FCA 1268

FEDERAL COURT OF AUSTRALIA

Pattison (Trustee), In the matter of Bellin (Bankrupt) v Bellin (No 2) [2000] FCA 1268 COSTS – costs of application in bankruptcy – applicant successful – original application misconceived – apportionment of costs. IN THE MATTER OF BERYL RITA BELLIN PAUL ANTHONY PATTISON (as Trustee of the Bankrupt Estate of BERYL RITA BELLIN) v BELLIN (No 2) V 7248 of 2000 GOLDBERG J 7 SEPTEMBER 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 7248 of 2000

IN THE MATTER OF BERYL RITA BELLIN

BETWEEN: PAUL ANTHONY PATTISON (as Trustee of the Bankrupt Estate of BERYL RITA BELLIN)

Applicant

AND: BERYL RITA BELLIN

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 7 SEPTEMBER 2000

PLACE: MELBOURNE

THE COURT ORDERS THAT:

1. The following questions asked by the applicant are answered as follows:

Q: Is the applicant entitled to claim remuneration, costs and expenses in respect of administering the estate of Beryl Rita Bellin in addition to the amounts approved by a resolution of creditors on 2 September 1997? A: Yes. Q: If the answer to question 1 is yes, is the applicant entitled to seek the approval of the creditors in respect of any further claims for remuneration, costs and expenses? A: Yes. Q: If the answer to question 1 is yes, but the answer to question 2 is no, what is the appropriate quantum of such remuneration, costs and expenses? A: Unnecessary to answer. Q: Is the applicant entitled to remuneration, costs and expenses including legal costs incurred in bringing this application and administering the estate after 30 April 2000 and if so, upon what basis? A: Yes. Theremuneration, costs and expenses are to be determined by the creditors. The legal costs are to be taxed in default of agreement.