Clyne, Re P.L. O'Brien, Ex Parte J.W. [1986] FCA 32

CATCHWORDS

BANKRUPTCY - Public examination of bankrupt - Objection to question regarding overseas bank accounts - Whether question 1s relevant to purpose of examination - Relevance of circumstance that answer to question may cause someone to take criminal proceedings against bankrupt - Relevance of poor

health of bankrupt - Possible effect of answer upon pending

Application in respect of administration of estate.

Bankruptcy Act 1966 3.69

Re Paget £19273 2 Ch. 85, Re Atherton £1912] 2 KB 251, Re Rarding (1981) 57 FLR 320 applied.

P.929 of 1983 Re PETER LEOPOLD CLYNE; ex parte JOHN WILLIAM 0' BRIEN

Wilcox J. Sydney 5 February 1986

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

NEW SOUTH WALES AND

) ) ) ) BANKRUPTCY DISTRICT OF THE STATE OF ) No. P.929 of 1983 ) ) ) )

THE AUSTRALIAN CAPITAL TERRITORY

RE: PETER LEOPOLD CLYNE Bankrust EX PARTE: JOHN WILLIAM 0' BPIEN Trustee

CORAM WILCOX J. DATE, 5 FEBRUARY 1586 PLACE SYDNEY

MINUTE OF ORDERS

THE COURT FINDS THAT:

Ll. The question as to whether or not a telex bearing date 9 March 1983 was sent by the debtor, Peter Leopold Clyne, to which question an objection was made on behalf of the said debtor and overruled by a Deputy Registrar cf the

Federal Court of Australia, is a prover question.

THE COURT DIRECTS THAT:

1. The bankrupt, Peter Leopold Clyne, answer the said question. 2. The matter be referred back to the said Deputy Registrar

for a continuation of the public examination of the

bankrupt under s.69 of the Bankruptcy Act 1966.

NOTE: Settlement and entry of orders is dealt with by Bankruptcy Rule 124.

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

NEW SOUTH WALES AND

) ) ) ) BANKRUPTCY DISTRICT OF THE STATE OF ) No. P.929 of 1983 ) ) ) )

THE AUSTRALIAN CAPITAL TERRITORY

RE: PETER LEOPOLD CLYNE Bankrupt

EX PARTE; JOHN WILLIAM 0' BRIEN Trustee

CORAM: WILCOX J. DATE: 5 FEBRUARY 1986 PLACE: SYDNEY