Ebner v Official Trustee in Bankruptcy, in the matter of Ebner (No 2) [2003] FCA 1374

FEDERAL COURT OF AUSTRALIA Ebner v Official Trustee in Bankruptcy, in the matter of Ebner (No 2) [2003] FCA 1374

COSTS – claims and counter-claims – apportionment of costs IN THE MATTER OF MAXWELL WILLIAM EBNER INGRID EBNER v THE OFFICIAL TRUSTEE IN BANKRUPTCY (AS TRUSTEE OF THE PROPERTY OF MAXWELL WILLIAM EBNER) V 7179 of 1999

JUDGE: FINKELSTEIN J DATE: 28 NOVEMBER 2003 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 7179 of 1999

In the matter of Maxwell William Ebner

BETWEEN: INGRID EBNER

Applicant

AND: OFFICIAL TRUSTEE IN BANKRUPTCY (AS TRUSTEE OF THE PROPERTY OF WILLIAM MAXWELL EBNER)

Respondent AND BETWEEN: OFFICIAL TRUSTEE IN BANKRUPTCY (AS TRUSTEE OF THE PROPERTY OF WILLIAM MAXWELL EBNER)

Cross-Claimant AND: INGRID EBNER

Cross-Respondent

JUDGE: FINKELSTEIN J

DATE OF ORDER: 28 NOVEMBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The applicant pay: (a) the respondent's costs thrown away by reason of the adjournments on 3 and 12 December 2001; (b) the respondent's costs of the proceeding in so far as they relate to the claims abandoned by the applicant; and (c) the respondent's costs of the cross-claim such costs to be taxed on a party and party basis in default of agreement 2. The respondent pay: (a) the applicant's costs thrown away by reason of the adjournment on 11 December 2001; and (b) thirty per cent (30%) of the applicant's costs of the proceeding such costs to be taxed on a party and party basis in default of agreement. 3. Save for orders 1 and 2 above, the application is otherwise dismissed. 4. Paragraph 2 of the order made on 14 March 2003 be varied so that the words "as soon as practicable" be deleted and replaced by the words "on or before 31 March 2004". 5. Paragraph 5 of the order made on 14 March 2003 be varied so that the words "within 90 days of the date of authentication of these Orders" be deleted and replaced by the words "by 31 March 2004". 6. The order made on 1 May 2003 staying the operation of orders 1 to 8 inclusive made on 14 March 2003 be discharged.