Federal Court of Australia
Federal Court of Australia
Newman (Trustee), in the matter of Vlahos, a bankrupt v Shannon [2021] FCA 123 File numbers: VID 486 of 2019 VID 372 of 2017
Judgment of: DAVIES J
Date of judgment: 24 February 2021
Catchwords: PRACTICE AND PROCEDURE – application for release from Harman undertaking and for judicial advice – bankruptcy administration – where affidavits sought to be used by trustee in bankruptcy in other proceedings with same factual basis – where deponents did not object to release – whether trustee justified in providing discovery of relevant affidavits filed in other proceedings – Harman undertaking yields to obligation to provide documents by way of discovery in other proceedings
Legislation: Bankruptcy Act 1966 (Cth) s 120, 139ZQ
Cases cited: Esso Australia Resources Limited v Plowman [1995] HCA 19; 183 CLR 10 Leagou Pty Limited v Commissioner of Taxation [2020] FCA 1162
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 10
Date of hearing: 2 February 2021
VID 486 of 2019
Counsel for the Applicant/ First Cross-Respondent: Mr M Galvin QC with Mr C Fenwick
Solicitor for the Applicant/ First Cross-Respondent: Nicholas O'Donohue & Co.
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