Bankruptcy—Trustee in bankruptcy—Expenses

Chancery Division, Briggs J, 23 November 2012

The High Court may rely on its inherent jurisdiction to make provision for the payment of a trustee in bankruptcy’s expenses where the bankruptcy order has been successfully overturned on an appeal, on an application of which he was not notified, at a hearing he did not attended and by an order which made no provision for his release form office.

Louise Bowmaker (instructed by Ward Hadaway) for the trustee. The respondent appeared in person.

In April 2011, the respondent was made bankrupt on the petition of a creditor. In July 2011, a trustee in bankruptcy was appointed. The trustee began incurring expenses in discharging his duties. In October 2011, the respondent’s application for permission to appeal against the petition was adjourned and the creditor was directed to attend the adjourned hearing (the October order). The October order did not state that the appeal would immediately follow if permission was granted