Pollak v Lombe, in the matter of Pollak [2004] FCA 362

FEDERAL COURT OF AUSTRALIA

Pollak v Lombe, in the matter of Pollak [2004] FCA 362 BANKRUPTCY – application to discharge examination summons – whether oppressive or abuse of process – whether proceeding may expose applicant to a penalty by extending bankruptcy. Bankruptcy Act 1966 (Cth) ss 50(1) 81(1), 121, 149B, 149D, 149N Federal Court Rules Pollak v National Australia Bank Ltd [2002] FCA 237 cited Pollak v National Australia Bank Ltd [2000] FCA 683 cited R v Associated Northern Collieries (1910) 11 CLR 738 discussed Rees v Kratzmann (1965) 114 CLR 63 cited Re Jonson; Ex parte Prentice as Trustee of the State of Jonson (unreported, Lockhart J, 1 September 1997) cited Rich v ASIC (2003) 203 ALR 671 referred to A Keay, McPherson: The Law of Company Liquidation, 4th ed, LBC Information Services, Sydney, 1999 JOSEPH POLLAK V DAVID JOHN FRANK LOMBE AS TRUSTEE OF THE BANKRUPT ESTATE OF JOSEPH POLLAK N 51 OF 2004 BEAUMONT ACJ 30 MARCH 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 51 OF 2004

BETWEEN: JOSEPH POLLAK

APPLICANT

AND: DAVID JOHN FRANK LOMBE AS TRUSTEE OF THE BANKRUPT ESTATE OF JOSEPH POLLAK

RESPONDENT

JUDGE: BEAUMONT ACJ

DATE OF ORDER: 30 MARCH 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The applicant be examined pursuant to s 81 of the Bankruptcy Act 1966 (Cth) before a Judge at a time to be fixed by the Registry. 2. It be noted that the trustee now presses for the documents described in pars (a) – (d) only of the summons. 3. The applicant's notice of motion otherwise be 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 51 OF 2004