Federal Court of Australia
JUDGMENT No. 5! 949/81
CATCHWORDS
BANKRUPTCY - Application to review the issue of section 81 summons - status of Deputy Registrar in Bankruptcy in applying for summons after appointment by the Inspector-General to exercise powers of Official Receiver - definition of "officer" in section 5(1) - whether Deputy
Registrar in Bankruptcy is an "officer of the Commonwealth".
Bankruptcy Act 1966: sections 5(1), 14(5), 15(4) and 81
Re: Kenneth Graham Winton
Debtor
Ex parte: James John Jolliffe
Deputy Registrar in Bankruptcy
W168 of 1984xX
EINFELD J SYDNEY 30 October 1987
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT IN THE STATE OF No. W168 of 1984xX
NEW SOUTH WALES AND
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THE AUSTRALIAN CAPITAL TERRITORY
Re: KENNETH GRAHAM WINTON Debtor Ex parte: JAMES JOHN JOLLIFFE
Deputy Registrar in Bankruptcy
CORAM: Einfeld J
PLACE: Sydney
DATE: 30 October 1987
MINUTE OF ORDERS
& 1. The applications is dismissed. 2. Applicant is to pay the respondent's costs.
NOTE: Settlement and entry of these orders is dealt with in rule 124
of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT IN THE STATE OF No. W168 of 1984x
NEW SOUTH WALES AND
wwwewwwweww
THE AUSTRALIAN CAPITAL TERRITORY
Re: KENNETH GRAHAM WINTON Debtor Ex parte: JAMES JOHN JOLLIFFE
Deputy Registrar in Bankruptcy
CORAM: Einfeld J
PLACE: Sydney
DATE: 30 October 1987
REASONS FOR JUDGMENT
This is an application on behalf of the bankrupt, Kenneth James Winton ("the applicant"), under section 14(5) of the Bankruptcy Act ("the Act") for review of a summons issued by a Deputy Registrar in Bankruptcy ("the respondent") to Mr. Winton under section 81 of the Act. Applications are also made for the section 81 summonses to Laitier Pty. Ltd. and Cadoplum Pty. Ltd. ("the companies") to be reviewed or set aside. All these summonses were issued on the application of a Deputy Registrar under appointment by the Inspector-General under section 15(4)
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