Crawford v Sellars (Trustee) in the matter of Hussen (Bankrupt) [2000] FCA 162

FEDERAL COURT OF AUSTRALIA

Crawford v Sellars (Trustee) in the matter of Hussen (Bankrupt) [2000] FCA 162 BANKRUPTCY ‑ Discovery of bankrupt's property ‑ Application by trustee to avoid disposition of land by bankrupt ‑ Summons for examination of persons associated with disponee ‑ Motion by examinee to discharge summons ‑ Propriety of using examination to assist in the conduct of trustee's proceeding ‑ Propriety of using examination to determine viability of trustee's proceeding ‑ Whether abuse of process. Bankruptcy Act 1966 s 81 Karounos v Official Trustee (1988) 19 FCR 330 applied Re Excel Finance Corporation Ltd; Worthley v England (1994) 52 FCR 69 applied Re Jonson; Ex parte Prentice (1 September 1997, unreported) cited Official Trustee v Harbream (8 December 1998, unreported) cited Re McKee; Ex parte Laroar Holdings Pty Ltd (4 December 1996, unreported) cited CHRISTOPHER EDWARD CRAWFORD v KENNETH STEWART SELLARS (as trustee of the property of William John Hussen, a bankrupt, and as trustee of the property of Kayleen Maree Hussen, a bankrupt) V 7809 OF 1999 SUNDBERG J 24 FEBRUARY 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 7809 OF 1999

BETWEEN: CHRISTOPHER EDWARD CRAWFORD

APPLICANT

AND: KENNETH STEWART SELLARS (as trustee of the property of William John Hussen, a bankrupt, and as trustee of the property of Kayleen Maree Hussen, a bankrupt)

RESPONDENT

JUDGE: SUNDBERG J

DATE OF ORDER: 24 FEBRUARY 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The motion notice of which was filed on 1 February 2000 be dismissed. 2. The applicant pay the respondent's costs of the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA