ex parte

I N T H E F E D E R A L C O U R T OF' AUSTRALIA )

D I V I S I O N	G E N E R A L	1
)

BANKRUPTCY D I S T R I C T 'OF' THE STATE' OF ) No. 586 of 1978
1

NEW SOUTH WALES .AND T H E

AUSTRALIAN CAPITAL TERRITORY 1

R E : JAMES HUNTER
EX PARTE:

A C M I L I N D U S T R I E S PTY. L I M I T E D

formerly F.' & T. B U I L D I N G

P R O D U C T S P T Y . L I M I T E D ( w r o n g l y

called F. '& T. B U I L D I N G

PRODUCTS LIMITED t r a d i n g as

'PGH CERMAICS

ORDER

JUDGE MAKING ORDER: LOCKHART J.

WHERE MADE : AT SYDNEY

DATE O F ORDER: F R I D A Y 1 MAY 1 9 8 1

THE COURT ORDERS THAT:
The appl ica t ion be dismissed

IN THE FEDERAL COURT OF AUSTRALIA

) )

GENERAL DIVISION

1 1
BANKRUPTCY DISTRICT OF THE STATE OF

) No. 586 Of 1978 \
NEW SOUTH WALES AND THE
1
AUSTRAL'IAN CAPITAL TERRITORY 1

RE : JAMES HUNTER
EX PARTE:

ACMIL INDUSTRIES PTY. LIMITED
formerly F. & T. BUILDING
PRODUCTS PTY. LIMITED (wrongly
called F. & T. BUILDING PRODUCT LIMITED trading as PGH CERAd-rlS

REASONS FOR JUDGMENT

LOCKHART J.

1 May . . 1981

AT SYDNEY

This is an application to review the decision of a

Deputy Registrar in Bankruptcy disallowing certain items on the taxation of a bill of costs, all being claims for the "travelling time" of the solicitor for the petitioning creditor between

Miranda, where he has his office, and this Court or its Registry. Y

The same questions are involved in this appeal as arose in the

application for review in the matter of Dacey in respect of which

I have just given judgment. The result is the same, namely
that the application fails.

CaseChat Overview and Summary

The Federal Court of Australia, General Division, was presented with an application from ACMIL Industries Pty. Limited (formerly F. & T. Building Products Pty. Limited, trading as PGH Ceramics) to review a decision made by a Deputy Registrar in Bankruptcy. The Deputy Registrar had disallowed certain items on the taxation of a bill of costs, specifically claims for the "travelling time" of the solicitor for the petitioning creditor. The travelling time in question was between Miranda, where the solicitor's office is located, and the Federal Court or its Registry.

The legal issue before the court was whether the costs claimed for the travelling time of the solicitor were allowable under the Bankruptcy Act. This question had already been considered and ruled on in a similar case, Dacey, where the court had determined that such costs were not allowable. The current application sought to challenge the Deputy Registrar's decision in light of the Dacey ruling.

In his judgment, Lockhart J confirmed that the same legal principles applied to the present case as had been established in Dacey. The court held that the costs for the travelling time of the solicitor were not allowable as they did not meet the criteria for costs under the Bankruptcy Act. Consequently, the application was dismissed. The court's decision was consistent with the previous ruling, affirming that such claims were not permissible.

The final order of the court was that the application be dismissed. The court's reasoning was firmly rooted in the precedent set by the Dacey case, and no further orders were made beyond the dismissal of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

BANKRUPTCY	D I S T R I C T 'OF' THE	STATE'	OF	) No. 586 of 1978
1

Miranda, where he has his office, and this Court or its Registry.	Y
The same questions are involved	in this appeal as arose	in the
application for review in the matter	of Dacey in respect	of which