Csidei; ex parte Andrew [1979] FCA 160

OD OTT ETT RT NT EE ITT

Bankruptcy =

to give evide

1966 - trus company appointed having knowledges

only through ec ~ bO Zssue

to assist the tru

- whether in the ci

the court or the

bf %:

it fe) z

ro should exercise power tes

issue summonses

avtendence vwndaer coupuaisery

RE: EX PARTE:

LOCKHART J.

SYDNEY, 7% DECEMBER

~s ~i SG

A

to atten the bank

The sum to John

vidence

"

No ore

\.

oF the

do herore

rupt cr

a oan

ans

WALL ican

hoeflove

Pp Gs toa Cc

2s dated

pesistrar

OMbries

the

in bankruptcy.

akruptcy Act

x D bea ee 1Q = ron Cu ce) ct o =~

evid

of

tras

QQ

a

PPh

nee,

hee

ro

tne

connectior

produce certain documents in his cusrod

Hr. O'Brien (£9 whom I shall

yeeple. So far as relevant,

grounds for the issue of the

as being that enquiries of

Cairns in parcel of

Liat

the lands owned by Half Moon Bay Phy. Limited culminating in

bankrupt gr

believed the

it appeared that the company nad not opaid the whole of

a ot oF A further aps

o ay BD fay a i

application out a

&

"Prom informe it would a Dollar the : subj subs the $100,066

BX Mm

ascert

reaist:

on ton to rhe GOUurL.

For @istribuhion.

any

NAA

that to

is foun the

kind

to

powar conferr

raordinary

trali

govern the exami:

ensequences for fatling to attend, or to

court or the registrar

Lous nfair se of thi

bv Con Vtg is by Connoliy J, of the Supreme Court = Supreme aeke

answer. Med é ¥ é Meg i j 5] garry J. rejected the '| ane seid oa ae S330 € wy abt

court's Way

~12-

course is best 'suited to discover the relevant facts without being oppressive, vexarious or unfair. In .order t9 an this, the court must, I think, Look at the facts of the case as a whole, without yielding to preconceptions; and in doing this, the court should give all proper weight to tne views of the liquidator without, of course, abandoning the proper exercise of its discretion, or treating the liguidator's views as being in any way decisive of the matter. The prior submission of written questions will sometimes aid and speed the ascertainment of the relevant facts; but sometimes it may hamper or delay the process, There May be a marked difference between the information obtained from unsworn written answers which may have been drafted by Jawyers and that obtained from viva voce answers on oath, In all tne circumstances of this case, in tha exercise of my discretion, I hold that