Karounos, S. & Ors v. Official Trustee [1988] FCA 284

JUDGMENT No. 28../

CATCHWORDS

BANKRUPTCY - Discovery of bankrupt's property - Summons' to third party - Whether statement of grounds adequate - Whether Registrar or Court can have regard to information acquired in earlier proceedings in the same bankruptcy - Whether summons too wide or otherwise oppressive - Whether summons obtained for ulterior motive of assisting pending litigation - Principles governing issue of such summonses' to third

parties.

Bankruptcy Act 1966 (C'th) s.81 Banbkruptcy Rules Rule 129

SOPHIA KAROUNOS, ELIAS KAROUNOS, KATINA KAROUNOS, and BARBARA JOY HUNT V OFFICIAL TRUSTEE No. G 32 of 1988

FORSTER, WOODWARD and SPENDER JJ. ADELAIDE 3 JUNE 1988

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

BETWEEN:

JUDGES MAKING ORDER

No. G 32 of 1988

ON APPEAL from a

Single Judge of the

Federal Court of Australia

SOPHIA KAROUNOS, ELIAS

KAROUNOS, KATINA KAROUNOS,

and BARBARA JOY HUNT Appellants

and

OFFICIAL TRUSTEE

Respondent

MINUTE OF ORDER

FORSTER, WOODWARD and SPENDER JJ.

DATE OF ORDER : 3 guNE i9s8

WHERE MADE Hy ADELAIDE

IT IS ORDERED THAT:

1. The appeal be dismissed.

2. The appellants pay the respondent's costs of the

application for leave to appeal and of the appeal.

Note: Settlement and entry of orders is dealt with in

Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

) ) SOUTH AUSTRALIA DISTRICT REGISTRY ) No. G 32 of 1988 ) GENERAL DIVISION )