Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jackson v Salisbury (No 3) [2000] FCA 1840 BANKRUPTCY - trustee brings unsuccessful proceedings to recover property claimed to be part of bankrupt estate - whether trustee liable to pay costs personally. Bankruptcy Act 1966 (Cth) s32 Federal Court Rules O 37 r 6 In re Arthur Williams & Co; Ex parte Official Receiver [1913] 2 KB 88 applied Hunter v Official Receiver in Bankruptcy of Southern District of Queensland (1980) 50 FLR 168 applied Scott Fell v Lloyd (1911) 13 CLR 230applied Re Campbell; Ex parte Official Trustee (1987) 13 FCR 326 referred to Adsett v Berlouis (1992) 109 ALR 100 applied IN THE MATTER OF RONALD FRANCIS DESMOND SALISBURY JOHN HENDERSON JACKSON v RONALD FRANCIS DESMOND SALISBURY S 7178 OF 1999 MANSFIELD J 14 DECEMBER 2000 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 7178 OF 1999
IN THE MATTER OF RONALD FRANCIS DESMOND SALISBURY
BETWEEN: JOHN HENDERSON JACKSON
APPLICANT
AND: RONALD FRANCIS DESMOND SALISBURY
RESPONDENT
JUDGE: MANSFIELD J
DATE OF ORDER: 14 DECEMBER 2000
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The applicant is personally liable to the respondent for the costs ordered to be paid by him on 9 August 2000. 2. The applicant is entitled to be indemnified in respect of that liability from any funds remaining in the bankrupt estate. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 7178 OF 1999
IN THE MATTER OF RONALD FRANCIS DESMOND SALISBURY
BETWEEN: JOHN HENDERSON JACKSON
APPLICANT
AND: RONALD FRANCIS DESMOND SALISBURY
RESPONDENT
JUDGE: MANSFIELD J
DATE: 14 DECEMBER 2000
PLACE: ADELAIDE
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