Re On, W.C.O. [1985] FCA 290

see

CATCHWORDS BANKRUPTCY - Section 50 - Whether the section authorises appointment of a receiver - Form of summonses under sub-section

(2) of section 50 - Appropriate seal to be placed on summonses

issued under section 50 - "Formal defect or irregularity".

Bankruptcy Act 1966 (C'wth) s.50

RE: WILLIAM CHOI ON ON

NSW Pet. 839 of 1985

Burchett J. 24 June 1985

Sydney

a

Ii THE FEDERAL COURT OCF AUSTRALIA

GENERAL DIVISTON NSW Pet. 839 of 1985

BANKRUPTCY DISTRICT OF THE STATE

wee ewe ew

OF NEW SOUTH WALES

RE: WILLIAM CHOI ON ON

MINUTE OF ORDER OF THE COURT

JUDGE MAKING ORDER: Burchett J. DATE OF ORDER: ~ . 24, June 1985

WHERE MADE: Sydney —-

THE COURT ORDERS THAT:

The applications of William Choi On On to dissolve or set aside the order appointing John William O'Brien as receiver, to set aside the order to summon him for examination, and to set aside the summons, be each dismissed, costs to be reserved.

And that the applications of Ping-Ju Choi Ng be dismissed, costs to he reserved.

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE NSW Pet. 839 of 1985

wevevevrvwns

OF NEW SOUTH WALES

RE: WILLIAM CHOI ON ON

BURCHETT J. =~ 24 JUNE 1985 age SS et Po - SE

REASONS FOR JUDGMENT

On 31st May 1985 Wilcox J. made orders ex parte under s.50 of the Bankruptcy Act 1966, firstly, that a receiver be appointed of the property of William Choi On On, and secondly, that William Choi On Qn and his wife Ping-Ju Choi Ng be summoned to give evidence and produce hooks regarding the said William Choi On On (to whom I shall refer as Mr. Choi) or his trade dealings properties or affairs. Applications have now been made by Mr. Choi and his wife for the dissolution of the order

appointing a receiver, and for the setting aside of the summonses

to them issued pursuant to the second order mentioned.

§.50 of the Bankruptcy Act 1966 reads as follows: