Re Deputy Commissioner of Taxation v. Ex parte Clyne, P.L [1987] FCA 209

CATCHWORDS

BANKRUPTCY - application to have public examination concluded ~- whether the Court can make such order - ill health of bankrupt ~ whether previously unanswered questions should be

answered —- whether can resume public examination that has been

concluded.

Bankruptcy Act 1966 ss.69(5)(b), 69(5)(c), 69(7)(c) s.81, s.150(1)(a)

RE: PETER LEOPOLD CLYNE EX PARTE: DEPUTY COMMISSIONER OF

TAXATION NO. W929/1983

Jackson J Sydney 6th May 1987

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BANKRUPTCY DISTRICT OF NEW SOUTH WALES No. W929 of 1983

AND THE AUSTRALIAN CAPITAL TERRITORY

RE: PETER LEOPOLD CLYNE

EX PARTE: DEPUTY COMMISSIONER OF TAXATION

CORAM: Jackgon J.

DATED: 6 May 1987

MINUTES OF ORDER

.

THE COURT ORDERS:

that the public examination of Peter Leopold Clyne be

and is now concluded.

NOTE: Settlement and entry of orders is dealt with in

Bankruptcy Rule 124.

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BANKRUPTCY DISTRICT OF NEW SOUTH WALES No. W929 of 1983

AND THE AUSTRALIAN CAPITAL TERRITORY

RE: PETER LEOPOLD CLYNE EX PARTE: DEPUTY COMMISSIONER OF TAXATION

CORAM: Jackson J.

DATED: 6 May 1987

REASONS FOR JUDGMENT

.

Peter Leopold Clyne, ("the bankrupt") was made bankrupt

on 22 January 1985. His public examination was conducted before

the Registrar and after some days of hearing the examination was adjourned for further hearing before a Judge pursuant to

s.69(5)(b) of the Bankruptcy Act 1966.

The examination was last before me on 6 November 1986 and it was agreed then that, due to the ill health of the bankrupt, the public examination should be adjourned to a date to be fixed by the Court with a mention on lst May 1987. It was a condition of that adjournment that the bankrupt, if required by either the trustee in bankruptcy or the Deputy Commissioner of Taxation, would submit himself for further medical examination by such doctor or doctors as may have been nominated by either or