Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Scott (Trustee), in the matter of Price (Bankrupt) [2011] FCA 1478 Citation: Scott (Trustee), in the matter of Price (Bankrupt) [2011] FCA 1478
Parties: ALAN GEOFFREY SCOTT IN HIS CAPACITY AS TRUSTEE OF THE BANKRUPT ESTATE OF RODNEY FRANCIS PRICE
File number: SAD 176 of 2011
Judge: LANDER J
Date of judgment: 21 December 2011
Catchwords: BANKRUPTCY AND INSOLVENCY – summons for examination – costs – whether examinee entitled to costs of application to set aside summons – whether examinee entitled to costs of compliance with summons – whether costs should be paid out of the estate pursuant to s 81(14) of the Bankruptcy Act 1966 (Cth) – application allowed
Legislation: Bankruptcy Act 1966 (Cth), s 32, s 55, s 81, s 81(7), s 81(14)Bankruptcy Amendment Act 1980 (Cth), s 41 Bankruptcy Amendment Act 1991 (Cth), s 22 Federal Court (Bankruptcy) Rules 2005, r 6.09 Federal Court Rules 2011, r 40.02
Cases cited: Bird v The Commonwealth of Australia (1988) 165 CLR 1 cited Bridge Shipping Pty Ltd v Grand Shipping SA (1991) 173 CLR 231 cited Ex parte Waddell; In re Lutscher [1877] 6 Ch 328 considered Holmes v Permanent Trustee Co. of New South Wales Ltd (1932) 47 CLR 113 cited In re Appleton, French & Scrafton, Ltd [1905] 1 Ch 749 considered Karounos v Official Trustee (1988) 19 FCR 330 cited Re Abrahams; Ex parte Thomas (1985) 70 ALR 784 cited Re Anderson; Ex parte Official Receiver (1937) 10 ABC 284 considered Re Kusmenko; Ex parte Golovachenko v Wilson (1976) 14 ALR 673 considered
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