Turner (Trustee) v Ackerman; in the matter of Schipper (Bankrupt) [2003] FCA 679

FEDERAL COURT OF AUSTRALIA

Turner (Trustee) v Ackerman; in the matter of Schipper (Bankrupt) [2003] FCA 679 BANKRUPTCY – summons for examination and production of documents – whether in relation to examinable affairs of bankrupt – whether abuse of process or oppressive – bankrupt executor and sole beneficiary of deceased father's will – evidence that bankrupt involved in procuring mortgage of deceased's house shortly before deceased's death – summons directed to officers of lender and recipient of money lent – whether trustee in bankruptcy entitled to sue for recovery of property to augment deceased's estate – whether entitled to investigate subsequent transaction between lender and recipient of money lent – whether already in possession of information necessary to decide whether to sue – whether seeking to supplant proper process Bankruptcy Act 1966 (Cth) s 81 Official Receiver in Bankruptcy v Schultz (1990) 170 CLR 306, applied Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447, considered Maguire v Makaronis (1997) 188 CLR 449, referred to Silvia v Thomson (1989) 87 ALR 695, cited Fried v National Australia Bank Ltd[2001] FCA 907 (2001) 111 FCR 322, followed Bridgewater v Leahy(Supreme Court of Queensland, Court of Appeal, Macrossan CJ, Fitzgerald P and Davies JA, 14 March 1997, unreported), followed Karounos v Official Trustee (1988) 19 FCR 330, cited Re Rothwells Ltd (No 2) (1989) 7 ACLC 576, followed Grosvenor Hill (Qld) Pty Ltd v Barber (1994) 48 FCR 301, considered Re Excel Finance Corporation Ltd; Wortherley v England (1994) 52 FCR 69, followed Re Nalanda Pty Ltd (in liq) (1983) 1 ACLC 1,000, followed Sent v Andrews [2002] VSCA 209, distinguished IN THE MATTER OF THE BANKRUPT ESTATE OF LEIF SCHIPPER; DENNIS ANTHONY TURNER (AS TRUSTEE IN BANKRUPTCY OF THE ESTATE OF LEIF SCHIPPER) v IAN ACKERMAN, DARRYN PACE, SCOTT VINE AND IRENA TASESKI V 7045 of 2002 GRAY J 4 JULY 2003 MELBOURNE