Federal Court of Australia
Federal Court of Australia
Psomas (Trustee), in the matter of Moran (Bankrupt) [2024] FCA 1259 File number(s): WAD 47 of 2024
Judgment of: MCDONALD J
Date of judgment: 31 October 2024
Catchwords: BANKRUPTCY AND INSOLVENCY – application to set aside or vary examination summonses – application to set aside or vary orders for production of documents – where summonses and orders alleged to be invalid – whether compliance with summonses would be oppressive – examination summonses set aside in part – orders for production of documents set aside
Legislation: Bankruptcy Act 1966 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court (Bankruptcy) Rules 2016 (Cth)
Cases cited: Broadway Plaza Investments Pty Ltd v Broadway Plaza Pty Ltd [2019] NSWSC 410 Karounos v Official Trustee (1988) 19 FCR 330 Re Osenton; Ex parte Osenton v Worrell (Unreported, Federal Court of Australia, 3 March 1995, BC9507765, Cooper J) Roufeil v Fiore, in the matter of the Bankrupt Estate of Peter Andrew Fiore (No 2) [2019] FCA 916 Shangri-La Constructions Pty Ltd v Hyatt, in the matter of GVE Hampton Pty Ltd (in liq) [2020] FCA 1577 Smorgon v Federal Commissioner of Taxation (1979) 143 CLR 499
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