Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Perazzoli v BankSA [2015] FCA 373 Citation: Perazzoli v BankSA [2015] FCA 373
Parties: GALLIANO PERAZZOLI, MORENO FERLUGA and WILLIAM JOHNSON v BANKSA, A DIVISION OF WESTPAC BANKING CORPORATION LIMITED ABN 33 007 141, MICHAEL CHRISTOPHER SAMRA, MICHAEL CHRISTOPHER SAMRA AS TRUSTEE OF THE MICHAEL CHRISTOPHER SAMRA FAMILY TRUST TRADING AS ADELAIDE LENDING CENTRE ABC 69 787 153 821 and ADELAIDE LENDING CENTRE GROUP PTY LTD (IN LIQUIDATION) ACN 088 613 156
File number: SAD 307 of 2014
Judge: WHITE J
Date of judgment: 23 April 2015
Catchwords: PRACTICE AND PROCEDURE – setting aside of subpoenas issued to third parties – material sought relevant to respondent's application for summary dismissal or stay of proceedings –whether application for dismissal or stay was futile, such that subpoenas had no utility – whether subpoenas constituted fishing – whether subpoenas impermissibly sought discovery – whether affidavits in support of bankruptcy examination summonses should be sought in light of Federal Circuit Court (Bankruptcy) Rules 2006 r 6.13 – whether subpoenas otherwise excessively broad or oppressive – subpoenas set aside in part
Legislation: Bankruptcy Act 1966 (Cth) s 81 Federal Circuit Court (Bankruptcy) Rules 2006 (Cth) r 6.13
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