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Pitts v La Fontaine (Constantinople)

Pitts v La Fontaine (Constantinople)

Case [1880] UKPC 27

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Case: [1880] UKPC 27
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Most Recent Citation

Re S&D International Pty Ltd (No 4) [2010] VSC 388

Cases Citing This Decision

15

Mokhtar v Piscopo (No 2) [2025] FCA 21
Citation 1 (Para 15)

…ssfully instituted or defended by the trustee is a matter distinct from the trustee’s entitlement to recoupment out of the bankrupt’s estate. ( Pitts v La Fontaine (1880) 6 App Cas 482 at 486; Re Driller (1972) 21 FLR 159 at 175). Ordinarily, an unsuccessful trustee will be ordered to pay the costs of the successful party. S…
Psomas (Trustee), in the matter of Moran (Bankrupt) (No 2) [2024] FCA 1477
Citation 2 (Para 3)

…ssfully instituted or defended by the trustee is a matter distinct from the trustee’s entitlement to recoupment out of the bankrupt’s estate: see Pitts v La Fontaine (1880) 6 App Cas 482 at 486; Re Driller (1972) 21 FLR 159 at 175. Ordinarily, an unsuccessful trustee will be ordered to pay the costs of the successful party.…
Moran v Psomas (Trustee), in the matter of Moran (Bankrupt) [2024] FCA 1258
Citation 3 (Para 6)

…uccessfully instituted or defended by the trustee is a matter distinct from the trustee’s entitlement to recoupment out of the bankrupt’s estate: Pitts v La Fontaine (1880) 6 App Cas 482 at 486; Re Driller (1972) 21 FLR 159 at 175. Ordinarily, an unsuccessful trustee will be ordered to pay the costs of the successful party.…
Official Trustee in Bankruptcy v Kent (No 2) [2023] FCA 1396
Citation 4 (Para 25)

…Where a trustee in bankruptcy applies unsuccessfully to a court for an order for payment of money that he, she or it alleges belongs to the bankrupt estate, the trustee has the same liability for costs of the action as any other unsuccessful party in litigation: Trustees of the property of Sandor, a…
Morris Finance Ltd v Free (No 2) [2017] NSWSC 1514
Citation 5

…cessfully instituted or defended by the trustee is a matter distinct from the trustee’s entitlement to recoupment out of the bankrupt's estate: see Pitts v La Fontaine (1880) 6 App Cas 482 at 486; Re Driller (1972) 21 FLR 159 at 175. Ordinarily, an unsuccessful trustee will be ordered to pay the costs of the successful party…
Ferella v Official Trustee in Bankruptcy (No 5) [2015] FCA 983
Citation 6 (Para 12)

…ssfully instituted or defended by the trustee is a matter distinct from the trustee’s entitlement to recoupment out of the bankrupt’s estate: see Pitts v La Fontaine (1880) 6 App Cas 482 at 486; Re Driller (1972) 21 FLR 159 at 175. Ordinarily, an unsuccessful trustee will be ordered to pay the costs of the successful party.…
Ferella v Official Trustee in Bankruptcy (No 4) [2015] FCA 712
Citation 7 (Para 9)

…nts submitted that an adverse costs order suffered by a trustee in bankruptcy does not give rise to a right of recoupment out of the bankrupt estate: Pitts v La Fontaine (1880) 6 App Cas 482 at 486; Re Driller (1972) 21 FLR 159 at 175. They submitted that, in deciding whether a trustee has a right of reimbursement, regard mu…
Hacker v Weston (No 2) [2015] FCA 521
Citation 8 (Para 10)

…uccessfully instituted or defended by the trustee is a matter distinct from the trustee's entitlement to recoupment out of the bankrupt's estate: see Pitts v La Fontaine (1880) 6 App Cas 482 at 486; Re Driller (1972) 21 FLR 159 at 175. Ordinarily, an unsuccessful trustee will be ordered to pay the costs of the successful par…
Foyster v Prentice [2008] FMCA 757
Citation 9 (Para 4)

…ully instituted or defended by the trustee is a matter distinct from the trustee’s entitlement to recoupment out of the bankrupt’s estate (citing Pitts v La Fontaine (1880) 6 App Cas 482 at 486; Re Driller (1972) 21 FLR 159 at 175. It is a personal obligation, whereupon the question separately arises in the administration of…
Grosvenor Constructions (NSW) Pty Limited (subject to a Deed of Company Arrangement) v RL Hunter QC [2005] NSWSC 497
Citation 10

…s [2004] NSWSC 731; [2004] NSWCA 221 Kirwan v Cresvale Far East Limited (in liq) (2002) 44 ACSR 21 Oshlack v Richmond River Council (1998) 193 CLR 72 Pitts v La Fontaine (1880) 6 App Cas 482 Re Driller [v Nebenson] (1972) 21 FLR 159 PARTIES: Grosvenor Constructions (NSW) Pty Limited (Plaintiff) RL Hunter QC (First Defendant)…
Jackson v Salisbury (No 3) [2000] FCA 1840
Citation 11 (Para 8)

…y instituted or defended by the trustee is a matter distinct from the trustee’s entitlement to recoupment out of the bankrupt’s estate: Pitts v La Fontaine (1880) 6 App Cas 482 at 486; Re Driller (1972) 21 FLR 159 at 175. Ordinarily, an unsuccessful trustee will be ordered to pay the costs of the successful party. Such an or…
Nedlands Pty Ltd & Anor v Chisholm & Anor (No.2) No. Scgrg-96-844 Judgment No. S471 [1999] SASC 471
Citation 12 (Para 3)

…fully instituted or defended by the trustee is a matter distinct from the trustee’s entitlement to recoupment out of the bankrupt’s estate: Pitts v La Fontaine (1880) 6 App Cas 482 at 486; Re Driller (1972) 21 FLR 159 at 175. Ordinarily, an unsuccessful trustee will be ordered to pay the costs of the successful party. Such a…
Adsett, N. v Berlouis, H [1992] FCA 549
Citation 13

…unsuccessfully instituted or defended by the trustee is a matter distinct from the trustee's entitlement to recoupment out of the bankrupt's estate (Pitts v La Fontaine (1880) 6 App Cas 482 at 486; Re Driller (1972) 21 FLR 159 at 175). Ordinarily, an unsuccessful trustee will be ordered to pay the costs of the successful pa…
Re Nader, T. v Ex parte Official Trustee in Bankruptcy [1991] FCA 394
Citation 14

…In Pitts v La Fontaine (1880) 6 AC 482 at 486…
Re S&D International Pty Ltd (No 4) [2010] VSC 388
Citation 15

…uccessfully instituted or defended by the trustee is a matter distinct from the trustee’s entitlement to recoupment out of the bankrupt’s estate: Pitts v La Fontaine (1880) 6 App Cas 482 at 486; Re Driller (1972) 21 FLR 159 at 175. Ordinarily, an unsuccessful trustee will be ordered to pay the costs of the successful party.…

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