Bailey v Marinoff

Judgment

1. These proceedings were concerned with entitlement to the proceeds of the sale by Tenterfield Shire Council (the Council) of a parcel of land situated in Tenterfield (the Property) for non-payment of rates. The Council has paid the proceeds into Court. On 16 July 2019, for reasons published on that day, [1] I concluded that the monies in Court (the Fund) should be paid out to Mr Russell Templeton in his capacity as administrator of the estate of the late Lucille Walsh. I reserved the question of costs.
2. On 30 August 2019, for reasons published on that day (the Costs Reasons), [2] , I ordered that Mr Jack Walsh, "in his capacity as administrator of the estate of Jeanette Irene Walsh", pay the costs of Mr Templeton, in his capacity as the administrator of the estate of Lucille Mary Kathleen Marshall (nee Walsh) (the Costs Order). The questions of costs were dealt with on the papers following written submissions by the parties.
3. Following the making of the Costs Order, Mr Templeton had his costs assessed and judgment for the amount of the assessment was registered in the District Court of New South Wales against Mr Walsh. Subsequently, Mr Templeman caused a bankruptcy notice under the Bankruptcy Act 1966 (Cth) (the Bankruptcy Act) to be served on Mr Walsh requiring payment of the sum of $111,336.16. Mr Walsh did not comply with the bankruptcy notice and Mr Templeman filed a creditor's petition in the Federal Circuit Court of Australia. On 7 June 2021, Mr Walsh filed an amended notice of grounds of opposition to the petition in which he asserted that: