Talent v Official Trustee in Bankruptcy (No 3)

• Jurisdiction: Australian Capital Territory
• Court: Supreme Court of ACT
• Judge: Crowe AJ
• Judgment Date: 25 October 2019
• Date: 25 October 2019
• Docket Number: File Number: SC 414 of 2019

[2019] ACTSC 303

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Before:

Crowe AJ

File Number: SC 414 of 2019

John Talent

(Plaintiff)

and

Official Trustee in Bankruptcy

(First Defendant)

Nadia Talent as executor of the estate of the late Joan Talent

(Second Defendant)

Representation:

Counsel

T Crispin (Plaintiff)

Z Rowling (First Defendant)

R Patrick (Second Defendant)

Cases Cited:

Talent v Official Trustee in Bankruptcy [2019] ACTSC 274

Legislation Cited:

Bankruptcy Act 1966 (Cth)

COSTS — CROSS-VESTING APPLICATION — Application to transfer proceedings to the Federal Court — bankruptcy — Family Provision Act claim — applicant successful — whether the respondent on the Application in Proceeding should pay the Executor's costs — costs to follow the event

Decision:

See [7]

Crowe AJ

1 On 3 October 2019, I handed down my decision in relation to the Application in Proceeding of the Official Trustee in Bankruptcy to transfer to the Federal Court of Australia that part of the proceedings involving the plaintiff's claim for relief under the Bankruptcy Act 1966 (Cth) (see Talent v Official Trustee in Bankruptcy [2019] ACTSC 274). At that time I made a costs order as between the plaintiff and the Official Trustee, however I reserved the question of costs as between the plaintiff and the Executor.

2 I gave leave to the Executor to file and serve written submissions as to costs by close of business on 8 October 2019. I gave the other parties leave to file and serve submissions by close business on 11 October 2019.

3 The Executor has, through her solicitor, filed (and I assume, served) submissions. No other party has responded.

4 The Executor argues that she was required to respond to the Official Trustee's...