Federal Court of Australia
ATCHWORDS BANKRUPTCY - Public examination - Application to set aside summons to attend for public examination - Summons in identical terms to earlier extant summons - Whether second summons vexatious or an abuse of process - Practice in relation to
statements of reasons grounding the issue of summons under ss. 69
and 81 of the Bankruptcy Act 1966 - Practice of issuing second
summons in identical terms when first summons stood over generally - Whether second summons needed to base an application
under s.264B if witness fails to attend before Registrar.
Bankruptcy Act 1966 ss. 14, 69, 81, 264A,264B
Bankruptcy Rules r.33, r.129
Re Abrahams (Unreported, Lockhart J, Federal Court of Australia, 23 April 1985)
In Re Rolis Razor Limited (No 2) £19703 1 Ch. 576 Re Csidei (1979) 28 ALR 381
RE_JAMES McCARTNEY ANDERSON a
W859/1983 ON Ad ap a fa n° =e" nt
wa "a, Evatt J "of - cs \ Sydney . ' a
30 January 1987 im » FEL yh So peoseenolcror A i AUST LOA A) 7 3PAL ~
Qe REGISTRY Ss XS, ~ «Spe Le
~
IN THE FEDERAL COURT OF AUSTRALIA BANKRUPTCY DISTRICT OF THE STATE
OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY
No. W859 of 1983
wee ww
IN THE MATTER of the Bankruptcy Act
(1966) S. 81
RE: JAMES McCARTNEY ANDERSON The Bankrupt
BETWEEN: MALCOLM NELSON JOHNS Applicant
AND: DAVID LEWIS CLOUT
First Respondent AND: JAMES HOWARD
Second Respondent AND: SIMON DALEY
Third Respondent
CORAM: Evatt J
DATE : 30 January 1987 PLACE: Sydney
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The application for review be dismissed.
2. The applicant to pay the respondent's costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
fa)
IN THE FEDERAL COURT OF AUSTRALIA BANKRUPTCY DISTRICT OF THE STATE
OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY
No. W859 of 1983
ween
IN THE MATTER of the Bankruptcy Act (1966), S.81
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