Ebner v Official Trustee in Bankruptcy, in the matter of Ebner [2000] FCA 182

FEDERAL COURT OF AUSTRALIA Ebner v Official Trustee in Bankruptcy, in the matter of Ebner [2000] FCA 182 DISCOVERY AND INTERROGATORIES – discovery of documents – privilege – public interest immunity – claim by Official Trustee in Bankruptcy – transcript of private examination – manner of investigation Bankruptcy Act 1966 (Cth) s 130 Alister v The Queen (1984) 154 CLR 404 applied Australian National Airlines Commission v Commonwealth (1975) 132 CLR 582 applied Barlow Clowes Gilt Managers Ltd, In re [1992] Ch 208 cited The Compagnie Financiere et Commerciale du Pacifique v The Peruvian Guano Company (1882) 11 QBD 55 applied D v National Society for the Prevention of Cruelty to Children [1978] AC 171 referred to Lord v Commissioner of Australian Federal Police (1997) 74 FCR 61 referred to R v Young (1999) 46 NSWLR 681 referred to Sankey v Whitlam (1978) 142 CLR 1 applied Somerville v Australian Securities Commission (1995) 60 FCR 319 referred to Zarro v Australian Securities Commission (1992) 36 FCR 40 referred to

IN THE MATTER OF MAXWELL WILLIAM EBNER INGRID EBNER v THE OFFICIAL TRUSTEE IN BANKRUPTCY (AS TRUSTEE OF THE PROPERTY OF MAXWELL WILLIAM EBNER) V 7179 of 1999

JUDGE: FINKELSTEIN J DATE: 3 MARCH 2000 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 7179 of 1999

IN THE MATTER OF MAXWELL WILLIAM EBNER

BETWEEN: INGRID EBNER

Applicant

AND: OFFICIAL TRUSTEE IN BANKRUPTCY (AS TRUSTEE OF THE PROPERTY OF WILLIAM MAXWELL EBNER)

Respondent

JUDGE: FINKELSTEIN J

DATE OF ORDER: 3 MARCH 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The Respondent make available for inspection the documents referred to in items 3 and 4 of Part 2 of the Respondent's List of Documents verified on 26 May 1999. 2. The Respondent pay the Applicant's taxed costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.