Re Hack, A.S. v. Ex parte The Official Trustee in Bankruptcy [1987] FCA 402

IN THE FEDERAL COURT OF AUSTRALTA

(For Limited Distribution Only)

BANKRUPTCY DISTRICT OF THE

STATE

) ) ) No. 404 of 1982 ) )

OF VICTORTA

Coram:

Date:

Re: ALEXANDER SCOTT HACK

(A Bankrupt)

Ex Parte: ALEXANDER SCOTT HACK

(The Applicant)

THE OFFICIAL TRUSTEE IN BANKRUPTCY (as Trustee of the property of Alexander

Scott Hack, a bankrupt)

(The Respondent)

Ryan J.

29 July 1987

REASONS FOR JUDGMENT

On 15 May 1987, a Deputy Registrar in Bankruptcy issued

to Alexander Scott Hack ("the bankrupt") a summons in

following form:

"IN PURSUANCE of the powers conferred on the Registrar by Section 81 of the Bankruptcy Act 1966, the Registrar hereby summons you to attend before the Registrar at Federal Court Building, 451 Little Bourke Street, Melbourne on Thursday 18 June 1987 at 10.15 o'clock in the forenoon to

a

the

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cees

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a

give evidence in connection with your conduck as

a bankrupt and your trade dealings, property and affairs, in particular:-

(a)

(b)

(c)

Your alleged use of the names 'Alan Haynes', 'Alan Hayes', 'E.%.Sales', 'K.T.

Sales', 'C. & I. Sales', 'Direction 2000' and 'Cost Less Sales'.

Your alleged incurring of liabilities to People Magazine, West Australia Mail, 'The Age', 3KZ, Telecom Australia, The State Electricity Commission of Victoria and the National Australia Bank.

Your alleged operation of a business or business' under the names of 'Randy Rhonda's', 'Lust Line', 'Sexy Sally', 'Fanny's' and 'Fantasy Land'.

AND to produce any of the following documents that are in your custody or power and relate to

your

1.

trade dealings, property and affairs:-

Any deed, contract, note or memorandum of a contract or other written document as may relate to evidence you are hereby summoned to give in connection with any of the matters hereinbefore mentioned.

Any journals, receipt books, cheque butts, bank statements, ledgers or other books of account as May record any receipt, payment, disbursement, appropriation or other transaction by you or on your behalf with any debtors or creditors of yourself; and any items of correspondence, journals, receipt books, cheque butts, bank statements, ledgers or other books of account as may relate to evidence you are hereby summoned to give in connection with any of the matters hereinbefore mentioned.