Federal Court of Australia
(NOT FOR DISTRIBUTION)
IN THE FEDERAL COURT OF BANKRUPTCY
BANKRUPTCY DISTRICT OF THE No. 743 of 1985
STATE OF VICTORIA
Re: LUIGI GROLLO (a Bankrupt) Ex parte: LUIGI GROLLO (the Applicant)
and DEPUTY REGISTRAR A. ELLIS
(Respondent)
and: OFFICIAL TRUSTEE IN BANKRUPTCY
FOR THE STATE OF VICTORIA
(Respondent )
and: R.D. WIDDOWS (as Trustee in Bankruptcy of the Bankrupt)
(Respondent)
MINUTES OF ORDER
COURT: Woodward J.
DATE: 10 June 1987
PLACE: Melbourne
THE COURT ORDERS THAT:
The application be dismissed with costs.
NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT OF BANKRUPTCY
BANKRUPTCY DISTRICT OF THE No. 743 of 1985
wee
STATE OF VICTORIA
Re: LUIGI GROLLO (a Bankrupt) Ex parte: LUIGI GROLLO (the Applicant)
and: DEPUTY REGISTRAR A. ELLIS
(Respondent)
and OFFICIAL TRUSTEE IN BANKRUPTCY
FOR THE STATE OF VICTORIA (Respondent )
and: R.D. WIDDOWS (as Trustee in Bankruptcy of the Bankrupt)
(Respondent)
COURT: Woodward J.
DATE: 10 June 1987
PLACE: Melbourne
EX-TEMPORE REASONS FOR JUDGMENT
I do not think I need call on you, Mr Irlicht, I have reached a clear view of this matter and Mr Pagone, I think, has said all that could usefully be said in favour of the argument which he advances. But there is authority of this Court which is
directly contrary to the argument that he has been putting.
That authority 1s a decision of His Honour Mr Justice Spender, so far unreported, in a matter of re Joy Naomi Jacka, ex parte Joy Naomi Jacka, in which judgment was delivered on 28 May 1986. There his Honour dealt in detail with the provisions of the Act, with the history of the legislation, with relevant English authority, and he considered carefully the interaction between the
legislation and the principles of natural justice.
And having carefully considered those matters he arrived at the conclusion that a bankrupt has no right or entitlement to put questions to a witness summoned to give evidence pursuant to the provisions of section 81 of the Bankruptcy Act. That decision is of persuasive authority so far as this court is concerned; and
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