Aravanis (Trustee) v Twin Investors Pty Ltd, in the matter of the Bankrupt Estate of Kapp (Admissibility Ruling) [2021] FCA 899

Aravanis (Trustee) v Twin Investors Pty Ltd, in the matter of the Bankrupt Estate of Kapp (Admissibility Ruling) [2021] FCA 899

Provisions of s 77C(3) and s 255(2) of the Bankruptcy Act render transcripts admissible in proceedings under the Act regardless of hearsay, subject only to the court's discretion to exclude in specific circumstances, and are not limited by the admissions exception or whether the examinee is a party.

Jurisdiction
Australia
Judgment Date
03 August 2021
Procedural Posture
Commercial and Corporations General and Personal Insolvency / Admissibility Ruling
Outcome
Application to admit evidence allowed
Legal Topics
['admissibility of Transcript' 'hearsay Rule' 'admissions Under Bankruptcy Act' 'court Discretion Under Evidence Act']
['evidence' 'insolvency' 'bankruptcy'] ['admissibility of Transcript' 'hearsay Rule' 'admissions Under Bankruptcy Act' 'court Discretion Under Evidence Act']

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Procedural Posture

Commercial and Corporations General and Personal Insolvency / Admissibility Ruling

Legal Issues

  1. 1 ['Whether transcript of Official Receiver examination is admissible under Bankruptcy Act 1966 (Cth) ss 77C(3), 255(2) despite Evidence Act 1995 (Cth) hearsay rule' 'Whether transcript is admissible against parties not present/examinee']

Ratio Decidendi

Provisions of s 77C(3) and s 255(2) of the Bankruptcy Act render transcripts admissible in proceedings under the Act regardless of hearsay, subject only to the court's discretion to exclude in specific circumstances, and are not limited by the admissions exception or whether the examinee is a party.

Court Disposition

Application to admit evidence allowed

Orders

  • ['Paragraphs 19 and 32 of the affidavit of Andrew Aravanis sworn 28 February 2020 and pages 1359-1480 of Exhibit AA-2 to that affidavit are admitted into evidence.']