Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Coyne v Douglas-Brown [2002] FCA 1324
BANKRUPTCY – trustee – small bankruptcy – administration of estate extended over nine years – ongoing disputes with bankrupt – whether misconduct by trustee – delay – remuneration level – alleged failure to finalise creditors – whether inquiry into trustee's conduct warranted – Bankruptcy Act s 179 – no inquiry warranted – application dismissed – opportunity for bankrupt to seek taxation of trustee's costs. Bankruptcy Act 1966 (Cth) s 179 Re Coyne Ex parte Binningup (South) Pty Ltd (No P863 of 1992, unrep, Fed Court, French J 10/11/92) cited Re Coyne Ex parte Binningup (South) Pty Ltd (No P863 of 1992, unrep, Fed Court, French J 10/3/93) cited Official Receiver v Todd (1986) 14 FCR 177 cited Re Cheesman; Cheesman v Waters (1997) 143 ALR 78 cited Macchia v Nilant (2001) 110 FCR 101 cited Watson v Healey (1996) 64 FCR 301 cited Bellin v Pattison (Trustee) [1999] FCA 51 cited Re Gault; Gault v Law (1981) 57 FLR 165 cited
PETER ANTHONY COYNE v ANTHONY HAYES DOUGLAS-BROWN W7012 of 2002
FRENCH J 24 OCTOBER 2002 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W7012 OF 2002
BETWEEN: PETER ANTHONY COYNE
Applicant
AND: ANTHONY HAYES DOUGLAS-BROWN
Respondent
JUDGE: FRENCH J
DATE OF ORDER: 24 OCTOBER 2002
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The application is dismissed.
2. The trustee's costs of the application including reserved costs are to be paid out of 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
WESTERN AUSTRALIA DISTRICT REGISTRY W7012 OF 2002
BETWEEN: PETER ANTHONY COYNE
Applicant
AND: ANTHONY HAYES DOUGLAS-BROWN
Respondent
JUDGE: FRENCH J
DATE: 24 OCTOBER 2002
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