Federal Court of Australia
JUDGMENT No. Ltt nad al 1!
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF
THE STATE OF VICTORIA
IN THE MATTER of the Bankruptcy
and
No. 287 of 1980
Act 1966
IN THE MATTER of the Estate of Julius Sefton
Holt BLUTWEEN: ANTHONY GEORGE HODGSON (The Trustce of the property of Julius Sefton Holt, a Bankrupt) Applicant AND: JOHN ADAMS, SHANE MAGUIRE and KATHLEEN
MARY HOLT
Coram: Fox J 24 August 1981
Melbourne.
This is an application whic
Respondents
h secks to have set
aside a summons issued by the Deputy Registrar under s.81
of the Bankruptcy Act 1966 under whic
—_
h the present applicant
is required to attend to give cvidence and produce documents.
In the altcrnative to setting aside t
he summons, an order is
sought that its operation be postponed. I have had a number
of affidavits presented to me 1n support of the application,
in opposition to it, and in reply. The case was put by
counsel for the applicant on the basi
s that the summons was
vexatious and oppressive, or at least that further matcrial
having been pointed to or made available in the affidavit filed by or on behalf of the applicant, that some opportunity should be given to the trustee, who is the respondent, to consider that material and follow up further lines of enquiry
before an examination takes place.
What was pointed to in particular in the present case, and I have accepted it for the purpose os my conclusion, 1s that the applicant has been co-operative with the trustec, and at least until the time of the present summons being issucd, believed he had supplicd the trustee with all infor- mation which the latter had sought or might want. It is apparent nevertheless that the trustee seeks further documents and further information. The application for the summons was made to the Deputy Registrar ex parte on the basis of a written statement by the trustec as to the grounds, and reasons for
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