Pesic, D. & Anor v The Official Trustee in Bankruptcy [1987] FCA 453

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JUDGMENT No. $53.,

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NOT FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY No. ACT G20 of 1987

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DISTRICT REGISTRY ) )

GENERAL DIVISION )

ON APPEAL from a single Judge of the Federal Court of Australia

BETWEEN : DOBROSOV_ PESIC and BORKA PESIC

Appellants AND: THE OFFICIAL TRUSTEE IN BANKRUPTY Respondent MINUTE OF ORDER JUDGES MAKING ORDER: FOX, FORSTER AND DAVIES JJ. DATE _OF ORDER: 10 JULY 1987 WHERE MADE: CANBERRA

THE COURT ORDERS THAT:

1. The appeal be dismissed with costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

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IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY

DISTRICT REGISTRY GENERAL DIVISION

) ) ) No. ACT G20 of 1987 ) ) ) )

ON APPEAL from a single Judge of the Federal Court of Australia

BETWEEN :

DOBROSOV_PESIC and BORKA PESIC

Appellants

AND:

THE OFFICIAL TRUSTEE IN BANKRUPTY

Respondent CORAM: FOX, FORSTER AND DAVIES JJ. DATE: 10 JULY 1987

REASONS FOR JUDGMENT (EX TEMPORE)

FOX J.

This is an appeal from a judgment of Neaves J. given on 25 February 1987 in which he was dealing with an application under the Bankruptcy Act 1966. There were two matters raised. One involved the question of whether a bankrupt who had been discharged by force of s.149 of the Act could be summonsed for examination under s.81(1), which on its face cefers to

"bankrupts".

This is a question which has been fully considered recently by a Full Court of this Court in Official Receiver in

Bankruptcy v. Todd (1986) 70 A.L.R. 119. By majority the Court

was of the view that s.81 did apply to a bankrupt who has been

discharged.

The strong attitude of this Court is not to overrule or reconsider prior decisions of the Full Court, subject, of course, to entertaining any argument that there is a patent error in the