Federal Court of Australia
JUDGMENT No. LOS 2 7 94
© Goccnvensescccenoes senssseozece
CATCHWORODS
BANKRUPTCY - administration - applications by trustee concerning directions to the bankrupt to partaicularise certain telephone calls and to consent to him inspecting bankrupt's documents taken as a consequence of the execution of a search warrant - whether, in the circumstances, s.77 of the
Bankruptcy Act 1966 deprives the bankrupt of the privilege
against self-incrimination and of legal professional privilege - whether trustee entitled to require bankrupt to consent to inspection - consideration of a bankrupt's general obligation
to co-operate with his trustee.
Bankruptcy Act 1966 (Cth), s.77, s.77(g).
Sorby v The Commonwealth (1983) 152 CLR 281
Pyneboard Pty Ltd v Trade Practices Commission (1983) 152 CLR 328.
Re Clyne; ex parte Deputy Commissioner of Taxation (1986) 15 FCR 128.
The Queen v Cox and Railton (1884) 14 QBD 153.
Re: ALAN BOND; Ex parte ROBERT EASTAUGH RAMSAY (The Trustee of
the Property of Alan Bond, a Bankrupt} No. NB 1071 of 1992
CORAM: SHEPPARD J
12 JAN 1995
FEDERAL COURT o1
AUSTRALIA PRINCIPAL REGISTRY
DATE : 22 DECEMBER 1994
PLACE: SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY ) No. NB 1071 of 1992 GENERAL DIVISION ) EB: ALAN BOND
EX PARTE: ROBERT EASTAUGH RAMSAY (The Trustee of the Property of Alan Bond, a Bankrupt)
Applicant CORAM: Sheppard J PLACE: Sydney DATE: 22 December 1994 REASONS FOR JUDGMENT HIS HONOUR: These two applications made respectively on
30 November and 7 December last concern the construction and application to the circumstances of the case of the provisions of s.77 of the Bankruptcy Act 1966 ("the Act"). The respondent to the application is Mr Alan Bond who is an undischarged bankrupt. The applicant is his trustee in
bankruptcy. Section 77 is in the following terms:
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