Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Maxwell-Smith v Donnelly (No 2) [2011] FCA 259 Citation: Maxwell-Smith v Donnelly (No 2) [2011] FCA 259
Parties: EUGENE MAXWELL-SMITH and INGE MAXWELL-SMITH v MAX CHRISTOPHER DONNELLY and S & E HALL PTY LTD
File number: NSD 198 of 2004
Judge: NICHOLAS J
Date of judgment: 25 March 2011
Catchwords: BANKRUPTCY – trustee's costs, charges and expenses of administration of former bankrupts' estates – taxation of trustee's costs, charges and expenses – whether judgment should be entered in favour of trustee against former bankrupts for sum of such costs, charges and expenses – trustee not entitled to judgment but declaration made specifying sum of trustee's entitlements BANKRUPTCY – application by former bankrupts under s 179(1) of the Bankruptcy Act 1966 (Cth) claiming orders for inquiry and for payment of compensation by trustee – application unjustifiably vexatious and oppressive to trustee – application an abuse of process – application dismissed save as to one particular issue
Legislation: Bankruptcy Act 1966 (Cth) s 179 Federal Court Rules O 20 r 5, O 46 r 7A, O 62 r 45 Bankruptcy Regulations 1966 (Cth) Pt 8, Div 4
Cases cited: Maxwell-Smith v Donnelly [2010] FCA 474 Donnelly v Maxwell-Smith [2010] FCAFC 154 Hardoon v Belilios [1901] AC 118 Pantzer v Wenkart (2006) 153 FCR 466 Walton v Gardiner (1993) 177 CLR 378
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