Federal Court of Australia
tio
CATCHWORDS
BANKRUPTCY - public examination under s.69 - refusal by bankrupt to answer questions put by principal creditor - scope of public examination under s.69 = "conduct, trade dealings, property and affairs of the bankrupt" - discretion to disallow questions - whether questions an abuse of process - role of creditor in
public examination under s.69 - whether questions in breach of Income Tax Assessment Act s.16 - claim of privilege against self-incrimination - whether the privilege applies to public examination of a bankrupt under s.69 - meaning of the word "only" in s.69(12).
Bankruptcy Act 1966 ss.69, 306A(3). Income Tax Assessment Act 1936 s.16
In re Atherton [1912] 2 K.B. 251. In re Paget [1927] 2 Ch. 85. In re Jawett [1929] 1 Ch. 108. Re Clyne; Ex parte O'Brien
(unreported - Wilcox J., 5th February 1986). Mortimer v. Brown (1970) 122 C.L.R. 493. Re Smith (1960) 19 A.B.C. 13. Clyne v. Deputy Federal Commissioner of Taxation (1985) 85 A.T.C. 4597.
Clyne v. Deputy Commissioner of Taxation (No.3)(1984) 58 A.L.J.R. 398
Norper Investments Pty Ltd v. Deputy Federal Commissioner of Taxation (1977) 77 A.T.C. 4211
Pyneboard Pty Ltd v. Trade Practices Commission (1983) 57 A.L.J.R. 236. Sorby v. The Commonwealth (1983) 57 A.L.dJ.R. 248. The Royal Commission Re A Brisbane Hotel (No. 2) [1964] O.W.N. 29.
RE: PETER LEOPOLD CLYNE; EX PARTE: DEPUTY COMMISSIONER OF TAXATION No. W929 of 1983
Jackson J. Sydney 16 September 1986
em,
eoy' tf pe ;} tn \
, PEBERAL COURT OF . \ T AUSTRALIA . \ PRINCIPAL REGISTRY
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) BANKRUPTCY DISTRICT OF THE STATE OF ) No. W929 of 1983 NEW SOUTH WALES AND )
THE AUSTRALIAN CAPITAL TERRITORY )
RE? PETER LEOPOLD CLYNE
Bankrupt EX PARTE: DEPUTY COMMISSIONER OF TAXATION
Creditor CORAM : JACKSON J. DATE: 16 September 1986 PLACE: Sydney
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate