Petruk, Re A.R. Ex Parte Official Trustee in Bankruptcy [1986] FCA 324

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IN THE FEDERAL COURT uF AUSTRALIA

BANKRUETC? DIVISION of THE NO. 397 of LIK

STATE OF VTOTUPIA

GENERAL DIVIS fon

EX TEMPOUPE JUDGMENT

Between: ANDY ROLF ANTHONY PETRUK «ALSO KNOWN AS

ANDY ROLE ANTHUNY BATES |

Ex parte: THE OFFICIAL 'TRUSTEE IN BANKRUPTCY Applicant and ELISABETH MARIA FPETRUK Respondent

THE COURT: Smithers, J. DATE : 2 April, 15986

ELACE : Melbourne

Reasons for Judqment

There 15 betore me this day an application to the court on behalf of the urticial Trustee in Bankruptcy ain the State of

Victoria as trustee of the estate of Andy kolf Anthony Petruk,

also known as Andy Roit Anthony Bates, as trustee or the estate of

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that bankrupt for the tollowing orders:

1. Fore punishment or the respondent, Elizabeth Maria Fetruk, tor the contempt or court, in that she did on 7 May 1985 refuse to answer the question, "How many windsurrers does your husband own-'" when directed by the Court to do so;

2. For an order that the respondent pay the applicant s

costs of this application.

When thi3 application wags called on, the respondent, Mrs Fetruk, immediately addressed the court, indicating that there was some reason why I personally should not hear this case; secondly, that there was a reason why no Judge or the Court should hear the case inasmuch as, as I understood it, there had been a break down

in the continuity or the litigation in respect of the cause of

action brought before me today.

The respondent showed signs or departing trom the Court unless [I was prepared forthwith to accept her submissions. Accordingly, I unformed Mrs Petruk that, although she was at liberty to leave the Court whenever she felt inclined, her departure would not bring the proceedings before me to an end, and even if she lett the court, it would be nocessary tor me to proceed to ascertain whether [ should hear the case and, 1f [I