Re Fuller [1999] FCA 6

FEDERAL COURT OF AUSTRALIA

Re: Fuller [1999] FCA 6

PRACTICE & PROCEDURE – leave to administer interrogatories – whether interrogatories sought to be administered relate to matters in question between the interrogating party and the parties served – interrogatories sought to be administered against the bankrupt against whom no relief is sought although a party to the proceedings – whether oppressive to administer interrogatories to a party against whom no final order is sought

Federal Court Rules – O 16 r 1, O 16, r 3, O 16 r 5 Supreme Court Rules (NSW) – Pt 24 r 1

Buxton & Lysaught Pty Ltd v Buxton [1977] 1 NSWLR 285 referred to Navair Pty Ltd v Transport Workers' Union of Australia (1981) 52 FLR 177 cited

RE: MICHAEL JOHN FULLER HUGH JENNER WILY (Trustee) v LAIMA ANN FULLER & ORS

SB 699 of 1993

HILL J SYDNEY 13 JANUARY 1999

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SB 699 OF 1993

RE: MICHAEL JOHN FULLER, a Bankrupt

BETWEEN: HUGH JENNER WILY as Trustee of the Estate of

MICHAEL JOHN FULLER

First Applicant

M J FULLER SERVICES PTY LIMITED (In Liquidation)

Second Applicant

AND: LAIMA ANN FULLER

First Respondent

DAIVA CECELIA FULLER and JOANA MARIA FULLER

Second Respondents

LYNN WILKINSON and NORA WILKINSON

Third Respondents

ST HELIER TRUST COMPANY LIMITED

Fourth Respondent

MICHAEL JOHN FULLER

Fifth Respondent

JUDGE: HILL J

DATE: 13 JANUARY 1999

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The first applicant, Mr Hugh Jenner Wily, is trustee of the estate of Michael John Fuller, a bankrupt. He seeks leave of the Court to administer interrogatories to each of the respondents, relevantly the bankrupt, his wife (the first respondent), Mr and Mrs Wilkinson (the third respondents) and St Helier Trust Company Limited (the fourth respondent, also referred to here as "St Helier"). The parties named as the second respondents, the children of the bankrupt, are no longer in any relevant sense parties to the present proceedings.