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.

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.

Associate:

Dated:              18 December 1998