Federal Court of Australia
JUDCMENT No. 3957 $8.
CATCHWORODS
BANKRUPTCY ~- compulsory examination under s.81 - application to set aside summons - third party accountant allegedly involved in affairs of bankrupts prior to bankruptcy - alleged delay on part of trustee in seeking examination - alleged collateral purposes - disputed facts as to examinee's involvement - relevant principles
- application dismissed.
Bankruptcy Act 1966 s.56, s.81
Official Receiver v Todd (1986) 70 ALR 119
Ex parte Willey. In re Wright (1883) 23 Ch.D.118
In re Northern Australian Territory Company (1890) 45 Ch.D.87 1935] 1
Re Maundy Gregory Ex parte Norton ch.65 Re Andrews (1958) 18 ABC 181
Re Csidel; Ex parte Andrew (1979) 28 ALR 381 Re H.J. Price (No.3 948) 14 ABC 137
Rees v Kratzmann (1965) 114 CLR 63
Re Rolls Razor Limited (No.2) [1970] Ch.576
Re Abrahams; Ex parte Thomas (1985) 70 ALR 784
RE: EDWARD JAMES BRIDE and WENDY MARGARET BRIDE EX PARTE: BRYAN GUTHRIE STEWART and BERNARD PUTNIN
No. ° 9 FRENCH J. PERTH
26 JULY 1988
28 JUL 1988
AL COURT OF FEE USTRALIA
NCIPAL RaIstayY
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA
ne ee eee
No. 455 of 1984
RE: EDWARD JAMES BRIDE and WENDY MARGARET BRIDE
Bankrupts
EX PARTE: BRYAN GUTHRIE STEWART Applicant
and
BERNARD PUTNIN Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER: 26 JULY 1988 WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The application is dismissed. 2. The applicant is to pay the respondent's costs of the application.
Note: Settlement and entry of orders is deait with
in Rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT ) OF AUSTRALIA ) GENERAL DIVISION ) BANKRUPTCY DISTRICT ) OF THE STATE OF )
)
WESTERN AUSTRALIA No. 455 of 1984
RE: EDWARD JAMES BRIDE and WENDY MARGARET BRIDE
Bankrupts
EX PARTE: BRYAN GUTHRIE STEWART Applicant
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