Terry, W.A. v. Prentice, M.W. & Anor [1994] FCA 937

carcuworps — JUDGMENT No. e232. 1S.

BANKRUPTCY - Trustees - Issue of notice to give information and produce books to Official Receiver pursuant to s 77C of the Bankruptcy Act 1966 (Cth) - application to set notice aside ~ whether notice can require person to give information by attending before Official Receiver for "examination" - whether notice addressed to a director of company to produce company documents is valid - whether notice to produce all the books and accounting records of company as trustee for a trust is too broad - whether notice issued for improper purpose - whether requirements of attendance for examination and of production are severable.

Bankruptcy Act 1966 (Cth) ss 77C, 267B, 267C, 267D, 267E and 267F

: Wi E ERRY; YCE TERRY v MAXWELL WILLIAM PRENTICE & ANOR

No NB 1815 of 1992

LINDGREN J SYDNEY 2 DECEMBER 1994

RECEIVEn -2 DEC 1994

FEDERAL COUR) ux AUSTRALIA

PRINCIPAL REGISTRY

Se

IN THE FEDERAL COURT OF AUSTRALIA ) BANKRUPTCY DISTRICT OF THE ) No NB 1815 of 1992 STATE OF NEW SOUTH WALES )

RE: WALLACE ALLAN TERRY

JOYCE TERRY Applicant

MAXWELL WILLIAM PRENTICE First Respondent

THE OFFICIAL RECEIVER Second Respondent

CORAM: LINDGREN J PLACE: SYDNEY DATE: 2 DECEMBER 1994

THE COURT ORDERS:

That on 9 December 1994 at 9.30 am the applicant bring in short minutes in conformity with the Reasons for Judgment providing for the setting aside of the notice dated 3 November 1994 from Robert John Cruickshanks, Acting Official Receiver, to the applicant in so far as it requires production of the books and accounting records of Aba-Fel Pty Limited, as trustee for The Terry Family Trust, for termination of the stay of that notice otherwise, and

for all matters consequential upon that termination.

That the question of the order to be made (if any) as to

the costs of the proceedings be stood over to 9 December