Re Shaw, Leila & Anor; Ex Parte The Official Trustee in Bankruptcy [1998] FCA 383

Re Shaw, Leila & Anor; Ex Parte The Official Trustee in Bankruptcy [1998] FCA 383

Because no stay of the sequestration orders had been granted, and the bankrupts remained subject to their statutory obligations while the Official Trustee had a statutory duty to ascertain the facts, the pending appeals and asserted embarrassment or inconvenience did not justify adjourning the examination summonses.

Jurisdiction
Australia
Judgment Date
06 April 1998
Procedural Posture
Bankruptcy / Review of Registrar Quilter's Refusal to Adjourn Examination Summonses Until After Appeals Against Sequestration Orders
Outcome
Applications refused with costs.
Legal Topics
['examination Under S 81 of the Bankruptcy Act 1966' 'statements of Affairs Under S 54 of the Bankruptcy Act 1966' "trustee's Duty to Ascertain Facts" 'stay of Sequestration Orders' 'adjournment of Summonses Pending Appeal']
['bankruptcy' 'federal Court Procedure'] ['examination Under S 81 of the Bankruptcy Act 1966' 'statements of Affairs Under S 54 of the Bankruptcy Act 1966' "trustee's Duty to Ascertain Facts" 'stay of Sequestration Orders' 'adjournment of Summonses Pending Appeal']

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Procedural Posture

Bankruptcy / Review of Registrar Quilter's Refusal to Adjourn Examination Summonses Until After Appeals Against Sequestration Orders

Legal Issues

  1. 1 ['Whether examination summonses under s 81 of the Bankruptcy Act 1966 should be adjourned until after the hearing of appeals against sequestration orders.' "Whether the bankrupts' pending appeals and asserted embarrassment or inconvenience justified refusing disclosure of their assets and income to the Official Trustee."]

Ratio Decidendi

Because no stay of the sequestration orders had been granted, and the bankrupts remained subject to their statutory obligations while the Official Trustee had a statutory duty to ascertain the facts, the pending appeals and asserted embarrassment or inconvenience did not justify adjourning the examination summonses.

Court Disposition

Applications refused with costs.

Orders

  • ['The applications are refused with costs, including the costs of 18 March.' 'Mr and Mrs Shaw are directed to attend before the Registrar at 2.15 this afternoon, and until excused by the Registrar.']