Federal Court of Australia
Federal Court of Australia
Weston (Trustee) v Sanna (No 6) [2021] FCA 1487 File number: NSD 276 of 2016
Judgment of: MARKOVIC J
Date of judgment: 23 November 2021
Catchwords: BANKRUPTCY AND INSOLVENCY – application by trustee in bankruptcy for orders referring quantification of remuneration, costs and expenses to a referee – where orders made for trustee to realise two properties forming part of the estate – whether trustee entitled to be paid his remuneration, costs and expenses from the proceeds of sale of those properties – whether remuneration, costs and expenses arise in connection with realisation of those properties – application allowed in part
Legislation: Federal Court of Australia Act 1976 (Cth) s 54A
Cases cited: Commonwealth Bank of Australia v Butterell [1994] 35 NSWLR 64 Deputy Commissioner of Taxation v Government Insurance Office of New South Wales [1992] 109 ALR 159 Re application of Central Commodity Services Pty Ltd [1984] 1 NSWLR 24; Shirlaw v Taylor [1991] 31 FCR 222 Re Berkeley Applegate (Investment Consultants) Ltd (in liq) [1982] Ch 32; [1988] 3 All ER 71 Re S & D International Pty Ltd (in liquidation) (receiver and manager appointed) [2009] VSC 225 Re Universal Distributing Co Ltd (in liquidation) (1933) 48 CLR 171 Stewart and Atco Controls Pty Ltd (in liquidation) (2014) 252 CLR 307
Division: General Division
Registry: New South Wales
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