Federal Court of Australia
CATCHWORDS Bankruptcy - public examination - application to set aside summons to attend for public examination - practice in relation to statements of
reasons grounding the issue of summons under ss. 69 and 81 of the Bankruptcy Act 1966 - nature of the power conferred by s. 81 of the
Act - costs.
Bankruptcy Act 1966: ss. 69, 81.
Companies (New South Wales) Code: s. 364.
RE: STEPHEN ABRAHAMS EX PARTE: HUGH CHARLES THOMAS
W290 of 1982
Lockhart J. 23 April 1985
Sydney
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IN THE FEDERAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT OF THE STATE NO. W290 of 1982
OF NEW SOUTH WALES AND THE
were we
AUSTRALIAN CAPITAL TERRITORY
RE: STEPHEN ABRAHAMS
EX PARTE: HUGH CHARLES THOMAS
MINUTE _OF ORDER
Upon John Arthur Bush personally undertaking to the Court that neither
he nor his firm, Messrs. Bush Burke and Co., will hereafter act for the trustee in the bankruptcy of Stephen Abrahams:
THE COURT ORDERS THAT: -
1. The relief sought in paragraph (1) of the application,
namely, that the summons under s. 81 of the Bankruptcy Act
1966 be set aside, be refused.
2. The said summons be otherwise stood over generally with liberty to any party to restore to the list on two days notice.
3. The trustee pay one-third of the costs of the applicant,
George Ivan Fuzi, of this application.
NOTE: Settlement and entry of orders is dealt with in Order
36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT OF THE STATE NO. W290 of 1982
OF NEW SOUTH WALES AND THE
AUSTRALIAN CAPITAL TERRITORY RE: STEPHEN ABRAHAMS
EX PARTE: HUGH CHARLES THOMAS
23 APRIL 1985
REASONS FOR JUDGMENT LOCKHART J.
I propose to give judgment now as I have reached a firm view as to the result of this matter. I realise that in taking this course in a.rather complicated matter I may do less than justice to the final
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