Haines, Re M.F. Ex Parte Official Trustee in Bankruptcy [1986] FCA 305

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IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION NO. 596 of 1986

BANKRUPTCY DISTRICT OF

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THE STATE OF VICTORIA

RE: MICHAEL FREDERICK HAINES Bankrupt

EX PARTE: OFFICIAL TRUSTEE IN BANKRUPTCY Applicant

THE COURT: Sweeney J. DATE : 8 July 1986 PLACE : Melbourne

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21 JUL 1986

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This is an application to review a decision of a Deputy Registrar who refused to grant an application for the adjournment of a section 69 examination of the bankrupt in this case. It was pressed upon her as it has been pressed upon me that she should have granted that application because to continue it would be to expose the bankrupt to prejudice whereas to adjourn it would not

prejudice the trustee.

The adjournment was sought following the lodging by the applicant of an appeal against an order made by me on 12 June 1986

that the date of the period at the expiration of which the

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objection dated 22 May 1984, entered under paragraph 149(3){c) of

the Bankruptcy Act 1966 ("the Act") will lapse, be 20 March 1987.

The applicant submitted that if the appeal is upheld then the bankrupt would be discharged from bankruptcy as at and from 25 dune 1986 pursuant to the operation of s.149 of the Act. - prior

to the date of the examination.

Reference was also made to the undeniable fact that considerable time had elapsed after 2 February 1983 when the examination of the bankrupt under section 69 was adjourned until its resumption by notice given at the beginning of this month. That delay is real and is, I think, relevant. However, it was clear to the Deputy Registrar, because she had conducted the examination of a bank manager under section 81, that there was an allegation that the bankrupt had been operating a bank account under a name other than his own which account had been very active and through which large sums of money had passed. In the exercise of her discretion the Registrar refused to make an order