Trkulja, Milorad aka Michael Trkulja v Abeyratne, William

[1998] FCA 1677

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BANKRUPTCY DISTRICT OF

THE STATE OF VICTORIA

VG 7700  OF   1998

BETWEEN:	MILORAD TRKULJA (also known as MICHAEL TRKULJA) APPLICANT
AND:	WILLIAM BERNARD ABEYRATNE (as trustee of the bankrupt estate of the applicant) and STATE OF VICTORIA and JOHN COSGRIFF RESPONDENTS
JUDGE(S):		NORTH J
DATE OF ORDER:		18 DECEMBER 1998
WHERE MADE:		MELBOURNE

THE COURT ORDERS THAT:

1.The application is struck out.

2.The applicant, Milorad Trkulja, is to pay the costs of the second respondent, State of Victoria.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BANKRUPTCY DISTRICT OF

THE STATE OF VICTORIA

 VG 7700 OF 1998

BETWEEN:	MILORAD TRKULJA (also known as MICHAEL TRKULJA) APPLICANT
AND:	WILLIAM BERNARD ABEYRATNE (as trustee of the bankrupt estate of the applicant) and STATE OF VICTORIA and JOHN COSGRIFF RESPONDENTS

JUDGE(S):	NORTH J
DATE:	18 DECEMBER 1998
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. This application under s 178 of the Bankruptcy Act 1966 (Cth) was initially brought by the applicant, Mr Trkulja, to force his trustee in bankruptcy, William Bernard Abeyratne, the first respondent, to permit him to pursue certain legal action in the Supreme Court of Victoria. In due course, Mr Abeyratne brought proceedings to effectuate that result and I have determined those proceedings today. The reasons for judgment set out the full circumstances of the case. In view of Mr Abeyratne’s application, Mr Trkulja did not seek to pursue this application. In this application, the State of Victoria was joined as a respondent and it seeks its costs. Because Mr Trkulja has failed to pay legal costs in a number of other proceedings involving the State of Victoria, the State of Victoria sought an order that Mr Abeyratne pay the costs of the present application.

2. In my view, the applicant must pay the costs of the State of Victoria. I am not satisfied that Mr Abeyratne should also be liable to pay those costs.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice North

Associate:

Dated:             18 December 1998

Counsel for the Applicant:	Mr G Hardy
Solicitor for the Applicant:	Frank N Libman
Counsel for the Second Respondent:	Mr D Masel
Solicitor for the Second Respondent:	Victorian Government Solicitor
Date of Hearing:	30 November - 2 December 1998
Date of Judgment:	18 December 1998