Brett Richard Geoffrey Harrison and Paul John Cook (Joint Trustees), in the matter of Wagner (Bankrupt) [2007] FCA 460

FEDERAL COURT OF AUSTRALIA Brett Richard Geoffrey Harrison and Paul John Cook (Joint Trustees), in the matter of Wagner (Bankrupt) [2007] FCA 460 BANKRUPTCY – creditor's indemnity of trustee costs in pursuing property for the bankrupt estate – discretion of court to distribute funds – section 109 Bankruptcy Act 1966 (Cth)

Bankruptcy Act 1966 (Cth) s 109 BRETT RICHARD GEOFFREY HARRISON AND PAUL JOHN COOK (AS JOINT TRUSTEES OF THE BANKRUPT ESTATE OF GEORGE WAGNER).

TAD 1 OF 2007

HEEREY J

23 March 2007

HOBART

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY TAD 1 OF 2007

BRETT RICHARD GEOFFREY HARRISON AND PAUL JOHN COOK (as Joint Trustees of the Bankrupt Estate of George Wagner)

APPLICANT

JUDGE: HEEREY J

DATE OF ORDER: 23 March 2007

WHERE MADE: HOBART

THE COURT ORDERS THAT:

1. In the administration of the bankrupt estate of George Wagner, after payment of the costs, expenses and charges incurred by the applicants in the Federal Court of Australia proceeding TAD29/2006, Roberts Ltd and Monds Affleck Pty Ltd be paid the sum of $65,000 to be shared rateably between them in proportion to their debts and the balance of the proceeds of the realised funds, after payment of costs and expenses of administration with the order of priorities set out in section 109 of the Bankruptcy Act 1966 (Cth). 2. The costs of Brett Richard Geoffrey Harrison and Paul John Cook of and incidental to this application are to be paid out of the bankrupt estate of George Wagner. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY TAD 1 OF 2007

BRETT RICHARD GEOFFREY HARRISON AND PAUL JOHN COOK (as Joint Trustees of the Bankrupt Estate of George Wagner)

APPLICANT

JUDGE: HEEREY J