Sheahan v Scott in the Matter of Livingstone [2002] FCA 1297

FEDERAL COURT OF AUSTRALIA

Sheahan v Scott in the Matter of Livingstone [2002] FCA 1297

BANKRUPTCY – summons for examination under Bankruptcy Act 1966 (Cth) s 81 – motion that summons for examination be discharged – whether ambit of proposed examination extends beyond that which is permitted by s 81 – whether proposed examination oppressive – whether examination for an improper purpose if undertaken to assist in determining whether worthwhile to bring a legal action against the person summonsed – consolidated statement of account filed in the Supreme Court of New South Wales - cost of obtaining legal representation for examinations - three previous examinations

Bankruptcy Act 1966 (Cth) ss 5, 81 Corporations Law s 596B Corporations Act 2001 (Cth) s 596B

Grosvenor Hill (Queensland) Pty Ltd v Barber (1994) 48 FCR 301 Gerah Imports Pty Ltd v The Duke Group Ltd (in liq) (1994) 119 ALR 401 Boys v Quigley [2002] WASCA 99; 41 ACSR 499 Karounos v Official Trustee (1988) 19 FCR 330 Clark v Wood (1997) 78 FCR 356 Donnelly v Scott [2001] FCA 782 IN THE MATTER OF LIVINGSTONE JOHN SHEAHAN v JOHN JOSEPH SCOTT AND JOHN JOSEPH SLATTERY

N 7294 OF 2001

BRANSON J 23 OCTOBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N7294 of 2001

SHEAHAN v SCOTT IN THE MATTER OF LIVINGSTONE

BETWEEN: JOHN SHEAHAN (TRUSTEE)

APPLICANT

AND: JOHN JOSEPH SCOTT

FIRST RESPONDENT

JOHN JOSEPH SLATTERY

SECOND RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 23 OCTOBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The motion for an order that the summons issued to the first respondent pursuant to s 81 of the Bankruptcy Act 1966 (Cth) be set aside be dismissed. 2. The first respondent pay the applicant's costs of the motion.