Re: Winton, Ex Parte: Jolliffe [1987] FCA 818

JUDGMENT No. Bb Brrsenel KZhdu

,

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BANKRUPTCY DISTRICT IN THE STATE OF No. W168 of 1984xX

NEW SOUTH WALES AND

THE AUSTRALIAN CAPITAL TERRITORY

Re: KENNETH GRAHAM WINTON Debtor

Ex parte: JAMES JOHN JOLLIFFE

Deputy Registrar in Bankruptcy

CORAM: Einfeld J

PLACE: Sydney

DATE: 10 June 1987

FEDERAL. COURT OF AUSTRALIA

28 JAN 2003 LIBRARY ~

EX TEMPORE JUDGMENT

This is an application on behalf of the bankrupt, Kenneth James Winton, for an order pursuant to section 14(5) of the Bankruptcy Act 1966 ("the Act") that a summons of the Registrar under section 81 of the Act be reviewed. He also seeks review of section 81 summonses issued to two

companies called Latia Pty. Limited and Cataplumb Pty. Limited to

produce records and other documents.

Heard at the same time as those two applications were applications by

those two companies that the summonses issued against them under section

81 should be set aside. I have some doubt about whether Mr. Winton can properly be an applicant for review of the issue of the summonses against the two companies, but because those companies have raised the same matters in argument on their applications to set aside as has Mr. Winton in his applications for review, it is not necessary to decide that matter in this particular case. All applications for the summonses

were made by the Deputy Registrar in Bankruptcy ("the respondent").

The grounds upon which all applications sought the orders referred to were that firstly the respondent had _ . no status to bring the applications, and secondly, that the summonses themselves were too wide, oppressive, and insufficiently precise. So far as concerns the question of the status of the respondent to bring the application, this was put on two grounds at the commencement of the hearing. The first ground was that under section 81 itself the application can only be brought by a