Maxwell-Smith v Donnelly (in the matter of Inge and Eugene Maxwell-Smith) [2007] FCA 1005

FEDERAL COURT OF AUSTRALIA

Maxwell-Smith v Donnelly (in the matter of Inge and Eugene Maxwell-Smith) [2007] FCA 1005

INGE MAXWELL-SMITH AND EUGENE MAXWELL-SMITH v MAX CHRISTOPHER DONNELLY (IN THE MATTER OF INGE AND EUGENE MAXWELL-SMITH) NSD 1672 OF 2004

ALLSOP J

6 JULY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1672 OF 2004

BETWEEN: INGE MAXWELL-SMITH

First Applicant

EUGENE MAXWELL-SMITH

Second Applicant

AND: MAX CHRISTOPHER DONNELLY (IN THE MATTER OF INGE AND EUGENE MAXWELL-SMITH)

Respondent

JUDGE: ALLSOP J DATE OF ORDER: 6 JULY 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Order 1 made on 8 June 2007 be replaced by "Order 1" set out below: Having inquired into the conduct of the respondent trustee, Max Christopher Donnelly, in relation to the matters in order 3 of the orders of the Full Court of the Federal Court on 27 October 2006 and finding no basis for criticism of the conduct of the said trustee or of his manager, Mrs Angela Margaret Gallucci, the applicants, Mr Eugene and Mrs Inge Maxwell-Smith pay the costs, charges and expenses of the respondent, Max Christopher Donnelly, of this inquiry as taxed in accordance with the Bankruptcy Act 1966 (Cth) and that the costs, remuneration and expenses of the respondent trustee of this inquiry before Allsop J form part of the respondent trustee's costs charges and expenses of the administration of the former bankrupt estate of Mr and Mrs Maxwell-Smith. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1672 OF 2004

BETWEEN: INGE MAXWELL-SMITH

First Applicant

EUGENE MAXWELL-SMITH

Second Applicant

AND: MAX CHRISTOPHER DONNELLY (IN THE MATTER OF INGE AND EUGENE MAXWELL-SMITH)