Re Bawn, J.W. v. Ex parte Trade Credits Ltd [1987] FCA 167

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IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY

) ) } ) No P 1999 of 1986 ) ) )

Re: JOHN WORTHY BAWN Judgment Debtor Respondent Ex parte: TRADE CREDITS LID. a Applicant™ CORAM : E1nfeld J. =P DATE : 17 March 1987 . Lo FEDERAL CCURT OF to. AUSTRALIA EX-TEMPORE JUDGMENT \. PRINCIPAL

This 18 an application by the creditor presenting a petition the bankruptcy of the respondent that a notice of discovery dated 23 February 1987 (exhibit C) be set aside or, alternatively, that the

discovery should be limited in some way.

The notice of discovery was issued pursuant to rule 146 of the Bankruptcy Rules in accordance, as that rule provides, with form 50. Foxm 50 makes two alternative schemes available for discovery. One is precisely in the terms of rule 146 that documents be discovered "relating to the matters that are in question in the proceeding"; the other is a provision that documents be discovered relating to "the following matters that are in question in the proceeding". If the second alternative were adopted, the suggested matters would obviously be listed by the applicant for the discovery. In this case, the applicant for discovery being the alleged debtor has chosen the first and most general provision, which strictly accords with the words of

rule 146.

Rule 147 makes provision for the mechanism of discovery by an affidavit, and also provides for the form and content of the affidavit. Rule 148 makes provision for an application to be made to the court by a party in relation to discovery without limiting the potential applicants only to those who would seek discovery. In other words, it would seem that the court may be approached by any party to a proceeding in relation to