Re Gordon, K.J. [1988] FCA 246

CATCHWORDS

e

BANKRUPTCY - public examination of bankrupt

charge against bankrupt - incriminating questions.

Bankruptcy Act 1966, ss.14(5), 69(12) Companies (N.S.W.) Code s.541

Re: Kenneth John Gordon Qld E276 of 1987

PINCUS J. BRISBANE 15 APRIL 1988

discretion

- pending

to

criminal disallow

/

IN THE FEDERAL COURT OF AUSTRALIA )

GENERAL DIVISION )

QLD E276 of 1987

BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )

RE: KENNETH JOHN GORDON

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 15 APRIL 1988 WHERE MADE: BRISBANE

THE COURT:

bd

sets aside the Deputy Registrar's directions of 8 March 1988 excusing the bankrupt from answering questions then proposed to be asked on the ground that they might tend to incriminate him;

directs that the bankrupt not be excused by reason only of the fact that the answers may tend to incriminate him from answering questions as to:

(i) the receipt by any person or company of moneys earned in connection with work done

by the bankrupt relating to the sales tax arrangements mentioned in evidence;

(ii) the amounts of money so received; (iii) the disbursement of moneys so received; (iv) matters deposed to in the High Court

affidavit made by the bankrupt and mentioned in the evidence.

Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) QLD E276 of 1987

BANKRUPTCY DISTRICT OF THE SOUTHERN ) ' DISTRICT OF THE STATE OF QUEENSLAND )

RE: KENNETH JOHN GORDON

PINCUS J. 15 APRIL 1988

REASONS FOR JUDGMENT

This 21S an application by Mr S.R. Eleftheriou, a person appointed to carry the duties of the Official Receiver and representative of the Official Trustee, for orders reviewing directions given by a Deputy Registrar in the course of a_ public

examination of a bankrupt, Mr Gordon.