Lukic v Lukic [1995] FCA 1198

JUDGMENT No. £4.28 nicl CEES

IN THE FEDERAL COURT OF AUSTRALIA )

NEW SOUTH WALES DISTRICT REGISTRY ) No. NB 1321 of 1995 GENERAL DIVISION ) Between: NIKOLA LUKIC Applicant FEDERAL COURT OF AUSTRALIA And: KATHLEEN EE LUKI 28 JAN 20n3 Respondent LIBRARY REASONS FOR JUDGMENT EINFELD J SYDNEY 29 AUGUST 1995

I will not give detailed reasons for the conclusions which I have reached in this matter. They can be given at a later time if required. The Official Trustee in Bankruptcy seeks the immediate hearing of an application. The immediate hearing is not opposed and I will thus grant it. The hearing is now being conducted. The application seeks a series of directions under section 81(6)(c) of the Bankruptcy Act, or in the alternative injunctions against the bankrupt and his father, concerning the proposed public examination of the bankrupt himself and later the further examination of the father of the bankrupt, such hearings being fixed to continue at 2.15 pm this afternoon. In my opinion the

injunctions sought are not appropriate.

It has been submitted for the bankrupt that the injunctions sought are beyond the power of the Court, but I do not find it necessary to make any finding as to whether this submission is

correct. It will suffice to say that in my view the injunctions

-2- should not be pronounced - in the case of the father, because he has not been served with the application and it has not been heard against him; and in the case of the son, because it does not seem to me to be the most appropriate way to proceed in relation to the matters of concern raised. I think it is sufficient if I exercise the powers referred to in section 81(6)(c) which provide for the Court to make such proper orders as it thinks appropriate in relation to the continuation of

public examination before a Registrar.