Trkulja v Morton (No 2) [2005] FCA 1044

FEDERAL COURT OF AUSTRALIA

Trkulja v Morton (No 2) [2005] FCA 1044 COSTS – trustee in bankruptcy – application to remove – dismissed – form of costs order – whether against bankrupt personally or to be paid out of the bankrupt estate of the bankrupt BANKRUPTCY – trustee – application to remove – dismissed – form of costs order – whether against bankrupt personally or to be paid out of the bankrupt estate of the bankrupt

Bankruptcy Act 1966 (Cth) ss 179(1), 32, 109(1)(a) Federal Court of Australia Act 1976 (Cth) s 43(1) Bankruptcy Regulations 1996 (Cth) reg 6.01, sch 3

Re Aley; Aley v Sweeney (unreported, Cooper J, Federal Court of Australia, 12 February 1996) cited Re Carlos: Ex parte Official Trustee in Bankruptcy (unreported, Spender J, Federal Court of Australia, 14 April 1997) cited Wallin v MJB Building Services Pty Ltd [2002] FCA 1355 cited Coyne v Douglas-Brown [2002] FCA 1324 cited Hughes v Holbrook [2002] FCA 920 cited Re: Fuller; Fuller v Wily (unreported, Full Court, Federal Court of Australia, 28 June 1996) cited MICHAEL TRKULJA v ROBERT MORTON V 614 of 2004 GRAY J 22 AUGUST 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 614 of 2004

BETWEEN: MICHAEL TRKULJA

APPLICANT

AND: ROBERT MORTON

RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 22 AUGUST 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT the respondent's costs, except for the costs of the respondent's application for a costs order different from that first pronounced on 30 May 2005, be taxed and paid out of the bankrupt estate of the applicant in accordance with the Bankruptcy Act 1966 (Cth). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 614 of 2004