Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Griffin v Pantzer [2003] FCA 793
BANKRUPTCY – production of documents to trustee – where documents subject to claim for privilege against self-incrimination – whether privilege abrogated by provisions of the Bankruptcy Act 1966 (Cth) – extent of abrogation – obligations of trustee BANKRUPTCY – proposed examination of bankrupt by trustee – privilege against self-incrimination – whether Evidence Act 1995 (Cth) s 128 applies to examination under Bankruptcy Act 1966 (Cth) s 81 PRACTICE & PROCEDURE – privilege against self-incrimination – whether production of documents to trustee in bankruptcy abrogates privilege PRACTICE & PROCEDURE – privilege against self-incrimination – proposed examination of bankrupt by trustee – whether Evidence Act 1995 (Cth) s 128 applies to examination under Bankruptcy Act 1966 (Cth) s 81 WORDS & PHRASES – 'other sufficient cause'
Bankruptcy Act 1966 (Cth) ss 19, 31, 77, 81, 129, 130, 178 Evidence Act 1995 (Cth) ss 4, 128 Bond, Re; Ex parte Ramsay (1994) 54 FCR 394 followed Corporate Affairs Commission (NSW) v Youill (1991) 172 CLR 319 cited F v National Crime Authority (1998) 154 ALR 471 cited Griffin v Sogelease Australia Ltd [2003] NSWCA 158 cited Sorby v Commonwealth (1983) 152 CLR 281 cited DAVID JAMES GRIFFIN v WARREN PANTZER N 7191 OF 2003 EMMETT J 26 JUNE 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N7191 OF 2003
BETWEEN: DAVID JAMES GRIFFIN
APPLICANT
AND: WARREN PANTZER
RESPONDENT
JUDGE: EMMETT J
DATE OF ORDER: 26 JUNE 2003
WHERE MADE: SYDNEY
THE COURT: 1. stands the proceeding over, part-heard, to 27 June 2003 at 9.30 am. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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