Porter, in the matter of Slater (No 3) [2021] FCA 688

Federal Court of Australia

Porter, in the matter of Slater (No 3) [2021] FCA 688 File number: NSD 428 of 2020

Judgment of: MARKOVIC J

Date of judgment: 25 June 2021

Catchwords: BANKRUPTCY AND INSOLVENCY – application by local representatives of UK trustee in bankruptcy (Trustee) for relief under Cross Border Insolvency Act 2008 (Cth) and Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law – whether applicants entitled to be paid from funds under their control as local representatives of Trustee for the costs, charges and expenses of the administration of their appointment – whether applicants justified in paying money as a priority payment to interested person – where quantum of applicants' remuneration claimed proportionate to complexity of work undertaken – where interested person paid money to Trustee for appointment of applicants as local representatives and for maintenance of property in the bankrupt estate – application granted BANKRUPTCY AND INSOLVENCY – application by local representatives of Trustee to be discharged from their appointment – where applicants appointed for the administration and realisation of bankrupt's assets in Australia – where applicants have realised the only identified Australian asset – application granted BANKRUPTCY AND INSOLVENCY – application by local representatives of Trustee to be released from all liability in respect of any act done or default made in the administration of the trusteeship of the bankrupt estate – where interested person may seek to bring application in relation to administration of the bankrupt estate – application dismissed COSTS – application by applicants for lump sum costs orders against interested person for applicants' costs of the proceeding – whether costs payable by interested person – where interested person was granted leave to appear pursuant to s 2.03 of the Federal Court (Bankruptcy) Rules 2016 (Cth) – where interested person's conduct added considerably to length and costs of hearing – whether lump sum costs order appropriate – where amount of costs claimed is not high – where limited assets available in administration – application granted COSTS – application to set off priority payment payable to interested person against lump sum costs orders – where interested person resident outside Australia and has no known assets in Australia – where applicants incurred additional costs due to interested person's conduct – application granted