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Re Kraus (in bankruptcy) (1 February 2023)

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The Chancery Division decided the costs of an application brought by the applicant as trustee in bankruptcy of the debtor pursuant to s 366 of the Insolvency Act 1986. The court held, among other things, that (i) the first respondent should be ordered to pay the trustee's costs of and occasioned by the s 366 application, including the costs of and occasioned by a joinder application, up to and including the hearing of 9 October 2018; and (ii) the third respondent should be jointly and severally liable with the first respondent for the trustee's costs of and occasioned by the joinder application, up to and including the hearing of 9 October 2018 and solely liable for the costs of and occasioned by the s 366 application from the date of his joinder as a respondent on 9 October 2018 to the date of the trustee's written election in April 2020 not to proceed further with the s 366 application.

 

 

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