Federal Court of Australia
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IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. G.75 of 1986
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GENERAL DIVISTON
BETWEEN: ELIZABETH MARIA PETRUK
Appeliant
THE OFFICIAL TRUSTEE IN BANKRUPTCY
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Respondent
CORAM: Sweeney, Wilcox and Burchett JJ. DATE: 18 June 1986
EX-TEMPORE REASONS FOR JUDGMENT
SWEENEY J. The order of the Court is that the appeal be dismissed with costs. The Court's reasons for judgment will be !
delivered by my brother Burchett.
BURCHETT J. This is an appeal from an order of Mr. Justice Smithers made on 2 April, 1986, upon an application by ' the Official Trustee in Bankruptcy as trustee of the estate of ' Andy Rolf Petruk, described in that application as being also
known as Andy Rolf Anthony Bates, the bankrupt.
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In his application, the trustee sought the followiig [s7- RA uenetyN orders: GS aan .
(1) For punishment of Elizabeth Maria {© .
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Petruk, the present appellant, who is the wife of the bankrupt, for contempt of Court, in that before the Court when being examined before the Court pursuant to section 81(6) of the Bankruptcy Act 1966 ("the Act"), on 7 May 1985, she
refused to answer the question: "How many windsurfers does your husband own?"
("the said question"), when directed by the Court to do so.
(2) That the appellant pay the trustee's costs of his application.
Section 81(11) provides that: "A person being examined under this section shall answer all questions that the Court, the
Registrar or the magistrate puts or allows to be put to him."
The examination of the appellant was taking place before
Woodward J. on 7 May 1985, when she was asked the question I have indicated, directed by the Court to answer it, and refused to do
so. It is clear from the transcript that Woodward J. was at pains to ensure that she understood her obligation under the law,
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