Federal Court of Australia
CATCHWORDS
Bankruptcy - application by Official Trustee that bankrupt not be
discharged - conduct of bankrupt - exercise of discretion under
3.142(12) Bankruptcy Act.
Evidence - objection to affidavit evidence on basis that deponent
not available for cross-examination - effect of Rule 135 Bankruptcy Rules - whether waiver of right to call deponent for cross-examination - whether 5.16(2) Income Tax Assessment Act
prevented use of affidavit of tax auditor.
Re a Debtor: Ex parte Tavlor v. Debtor (1980) 1 All E.R. 129 Craine v. Colonial Mutual Fire Insurance Co. Ltd. (1920) 28 C.L.R. 305
Mobil O11 Australia Pty. Ltd. v. Federal Commissioner of Taxation
(1963) 113 C.L.R. 475 Canadian Pacific Tobacco Co. Ltd. v. Stapleton (1952) 86 C.L.R. 1
Vanguard Service Print v. Mercovich, unreported, Full Federal Court, 20 September 1985
ROGER GREGORY MATSON v. THE OFFICIAL TRUSTER
No. G23 of 1986
Bowen C.J.. Beaumont and Spender JJ.
Brisbane
19 May 1986
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' IS THE FEDERAL COURT OF AUSTRALTA
)
. )
' QUEENSLAND DISTRICT REGISTRY } No. G23 of 1986
} GENERAL DIVISION )
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
r if ' i ' r, i:re r: tr: fi, Y. fe we . an t }- t.. s? i- te ,
BETWEEN: ROGER GREGORY MATSON .
Appellant 2
: . AND: THE OFFICIAL TRUSTER vs : ' Respondent
MINUTES OF ORDER
CORAM; BOWEN, C.d., BEAUMONT AND SPENDER JJ. '
PLACE: BRISBANE ; DATE: 19 MAY 1986 r
| THE COURT ORDERS THAT: ve
1. Leave to appeal granted. 2. Appeal dismissed
3. The appellant pay the cespondent's costs of the appeal. te
Note: Settlement and entry of orders is dealt with in a Order 36 of the Federal Court Rules. I
roger eit pe ye ~ aloe eae te ae, at tn oe wees myer atts ore-
IN _ THE FEDERAL COURT OF AUSTRALIA
} )
QUEENSLAND DISTRICT REGISTRY ) No. G23 of 1986 }
GENERAL DIVISION )
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF' AUSTRALTA
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