A court should not declare a trustee's claim for remuneration as due and payable unless the claim has been taxed as required under the Bankruptcy Act and Regulations, or the bankrupt's right to require taxation has been lost or exhausted. Where there is no evidence that a bankrupt requested a trustee to require solicitors to tax their costs under s 167(1) of the Bankruptcy Act, the court may proceed on the basis that no request was made and declare the expenses due. Estate charges recoverable by a trustee include interest paid on those charges.
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