Re Ditfort, Grant Anthony v Ex parte Deputy Commissioner of Taxation [1988] FCA 275

NOF FeOre Or sSFRrBU770-V/ - o7 orden JUDGMENT No. 27.78%

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION BANKRUPTCY DISTRICT

OF THE STATE OF NEW SOUTH WALES No. NSW 1577 of 1986

ewer LE

AND THE AUSTRALIAN CAPITAL TERRITORY

RE: GRANT ANTHONY DITFORT Debtor/Applicant

EX PARTE: DEPUTY COMMISSIONER OF TAXATION Judgment Creditor/Respondent

CORAM: GUMMOW J. PLACE: SYDNEY. DATE: 3 JUNE 1988.

MINUTE OF ORDER

CONTEMPT MOTION

THE COURT ORDERS THAT:

1. The respondent pay the applicant's costs of the motion.

2. Otherwise the motion is dismissed.

Note: Settlement and entry of orders 1s dealt with by Order

36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION BANKRUPTCY DISTRICT

OF THE STATE OF NEW SOUTH WALES No. NSW 1577 of 1986

wwe SS SS

AND _ THE AUSTRALIAN CAPITAL TERRITORY

RE: GRANT ANTHONY DITFORT Debtor/Applicant

EX PARTE: DEPUTY COMMISSIONER OF TAXATION Judgment Creditor/Respondent

CORAM: GUMMOW J. PLACE: SYDNEY. DATE: 3 JUNE 1988.

REASONS FOR JUDGMENT ON CONTEMPT MOTION

By application filed 19 November 1987, the applicant seeks an order under s. 154 of the Bankruptcy Act 1966 annulling his bankruptcy ("the principal proceedings"). These reasons for judgment deal with a contempt motion taken out by the applicant on 12 February 1988. The circumstances are as

follows:

In the course of the preparation of his case in the principal proceedings, the applicant, on 22 December 1987, caused to be issued by the Deputy Registrar in Bankruptcy a Summons under rule 125 of the Bankruptcy Rules. The Summons was directed to:

"The Proper Officer Department of Foreign Affairs,

100 William Street Sydney"

The Summons required attendance on 2 February 1988, and production of "any documents in your custody or under your control that relate to the matter, and in particular, the following documents: