Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Sheahan (Trustee) v Scott, in the matter of Livingstone [2003] FCA 141 Bankruptcy Act 1966 (Cth) s 81, 81(1A), 81(1B), 81(3), 81(10), 81 (11A), 264(1A), 264B(1)(b) Federal Court of Australia Rules Order 77 r 33, 34, 34(2)(a), 34(2)(b), 34(2)(c) Corporations Act 2001 (Cth) s 53
Sheahan (Trustee) v Scott, in the matter of Livingstone [2002] FCA 1440 considered Sheahan v Scott [2002] FCA 1297 followed Donnelly v Scott [2001] FCA 782 referred to Karounos v Official Trustee [1988] 19 FCR 330 referred to McMahon v Livingstone & Ors [2001] NSWSC 55 referred to IN THE MATTER OF KENNETH ROBERT LIVINGSTONE JOHN SHEAHAN AS TRUSTEE OF THE BANKRUPT ESTATE OF KENNETH ROBERT LIVINGSTONE v JOHN JOSEPH SCOTT & ANOR N 7294 OF 2001 HELY J 5 MARCH 2003 PERTH (BY VIDEO LINK) (HEARD IN SYDNEY)
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7294 OF 2001
BETWEEN: JOHN SHEAHAN AS TRUSTEE OF THE BANKRUPT ESTATE OF KENNETH ROBERT LIVINGSTONE
APPLICANT
AND: JOHN JOSEPH SCOTT
FIRST RESPONDENT
JOHN JOSEPH SLATTERY
SECOND RESPONDENT
JUDGE: HELY J
DATE OF ORDER: 5 MARCH 2003
WHERE MADE: PERTH (BY VIDEO LINK) (HEARD IN SYDNEY)
THE COURT ORDERS THAT: 1. The application is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7294 OF 2001
BETWEEN: JOHN SHEAHAN AS TRUSTEE OF THE BANKRUPT ESTATE OF KENNETH ROBERT LIVINGSTONE
APPLICANT
AND: JOHN JOSEPH SCOTT
FIRST RESPONDENT
JOHN JOSEPH SLATTERY
SECOND RESPONDENT
JUDGE: HELY J
DATE: 5 MARCH 2003
PLACE: (PERTH (BY VIDEO LINK) (HEARD IN SYDNEY)
REASONS FOR JUDGMENT 1 On 26 July 2001 John Sheahan ("the trustee") was appointed as trustee of the bankrupt estate of Kenneth Robert Livingstone ("the bankrupt"). 2 By Summons to Attend Examination filed on 10 September 2001, the second respondent ("Mr Slattery") was required to attend Court on 25, 26 and 27 September 2001 to be examined on oath under s 81 of the Bankruptcy Act 1966 (Cth) ("the Act") in relation to the examinable affairs of the bankrupt. A similar summons was filed on 10 September 2001, for the examination of the first respondent ("Mr Scott").
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate