Re Fuller, Michael John [1997] FCA 169

Re Fuller, Michael John [1997] FCA 169

There is insufficient evidence that the trustee's substantial or sole purpose in seeking examination is improper; examination on the identified topics is within scope of the trustee's duties, and the balance of justice and discretionary considerations favour refusing to adjourn or stay the examination.

Parties
Debtor/applicant: Michael John Fuller; Trustee/respondent: Hugh Jenner Wily
Jurisdiction
Australia
Judgment Date
06 March 1997
Procedural Posture
Bankruptcy Application for Adjournment/stay of Examination / Interlocutory Application; Application for Adjournment or Stay of Summons for Examination Under S81 of the Bankruptcy Act 1966
Outcome
Application dismissed
Legal Topics
Examination of Bankrupt, Adjournment or Stay of Summons, Trustee's Duties and Powers, Objection to Discharge From Bankruptcy
Bankruptcy Examination of Bankrupt Adjournment or Stay of Summons Trustee's Duties and Powers Objection to Discharge From Bankruptcy

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Parties

Michael John Fuller

Debtor/applicant

Hugh Jenner Wily

Trustee/respondent

Procedural Posture

Bankruptcy Application for Adjournment/stay of Examination / Interlocutory Application; Application for Adjournment or Stay of Summons for Examination Under S81 of the Bankruptcy Act 1966

Legal Issues

  1. 1 Whether the trustee's application for examination of the bankrupt is for an improper purpose
  2. 2 Whether the examination should be adjourned or stayed pending the outcome of Administrative Appeals Tribunal proceedings regarding the trustee's objection to the discharge from bankruptcy

Ratio Decidendi

There is insufficient evidence that the trustee's substantial or sole purpose in seeking examination is improper; examination on the identified topics is within scope of the trustee's duties, and the balance of justice and discretionary considerations favour refusing to adjourn or stay the examination.

Court Disposition

Application dismissed

Orders

  • The application for adjournment or stay is dismissed.
  • The applicant is to pay the trustee's costs to be taxed.