Federal Court of Australia
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BANKRUPTCY ACT 1966
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIAN DISTRICT REGISTRY No. 151 of 1976
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GENERAL DIVISION
Re: GORDON DOUGLAS BANFIELD
Applicant
Ex Parte: THE OFFICIAL TRUSTEE IN BANKRUPTCY
Respondent
CORAM: Fox J
25 August 1981
REASONS FOR JUDGMENT
This is an application to review the decision of the Registrar on the admissibility of questions directed to the bankrupt by counsel for the trustee in an examination under s.69 of the Bankruptcy Act. The trustee has sought review before the Court,
and that application has been opposed by the bankrupt.
The matter arises in a simple way. The bank- rupt was the guarantor of a number of mortgages, the mortgagors being in some or all cases incorporated. There apparently was default under one or more of the mortgages and the mortgagees have proved in this bankruptcy for an amount of approximately $1,700,000 against the bankrupt
under the guarantees thus given. There are proceedings
pending in the Supreme Court, of Victoria by one of the indebted companies, known as Downtown Car Parks Pty. Limited, against the mortgagee, namely the Australian and New Zealand Banking Group Limited, it being alleged apperently that a sale by the Rank was at an under value. There may be other allegations as well: that is the one
to which attention has been turned for present purposes.
The bankrupt in the course of the examination to which I have referred was being asked about his liability under the guarantees or at least one of then, and in that connection was being asked as to his knowledge concerning any sales at an under value or any other collusive arrangements that might have been made, or about to be made, between the Company to which I have referred
and the Bank to which I have referred.
Several questions alnng these lines were asked and answered and then obiection was taken on behalf of the bankrupt by his solicitor, broadly on the grounds that the examination was travelling outside the power given by s.69(1). It was in substance pointed out that the questions related to a situation which primarily arose between the company and the mortgasee, and that any interest of the bankrupt was secondary. Two or three lines
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