Axess Debt Management Pty Ltd v Haykal, in the matter of Haykal (No 2) [2017] FCA 1186

FEDERAL COURT OF AUSTRALIA

Axess Debt Management Pty Ltd v Haykal, in the matter of Haykal (No 2) [2017] FCA 1186 File number: SAD 132 of 2017

Judge: WHITE J

Date of judgment: 6 October 2017

Catchwords: BANKRUPTCY AND INSOLVENCY – Controlling trustee appointed under s 50 of Bankruptcy Act 1966 (Cth) – application for order that controlling trustee's costs be fixed by the Court and paid as a priority – whether Court has the power to determine proper remuneration of controlling trustee – whether procedure for fixing the fees of controlling trustee – whether costs claimed by controlling trustee were incurred reasonably and are of a reasonable amount – whether trustee's costs to be paid as priority. BANKRUPTCY AND INSOLVENCY – Judgment debt owed to Applicant – application for orders that legal costs and judgment debt be paid as a priority under s 109(10) of Bankruptcy Act 1966 – whether orders would be just and equitable to grant – legal costs to be paid by respondents – 50% of judgment debt to be paid as priority.

Legislation: Bankruptcy Act 1966 (Cth) ss 30, 32, 43, 50, 55, 57, 82, 109, Div 60, ss 5-20, 90-21 of Sch 2 Federal Court of Australia Act 1976 (Cth) s 23 Bankruptcy Regulations 1996 (Cth) reg 4.07 Federal Court (Bankruptcy) Rules 2016 (Cth) Federal Court Rules 2011 (Cth) rr 14.21,14.24, Pt 40