Re Bond; Ex Parte Hongkong Bank [1999] FCA 403

Re Bond; Ex Parte Hongkong Bank [1999] FCA 403

Because the bankruptcy file had been open to public inspection throughout the whole of Mr Bond's bankruptcy and Mr Bond was a figure of some public significance, it was appropriate to grant Paul Barry leave to inspect and copy the bankruptcy file, subject to exclusions for documents made confidential by previous Court orders and documents seized pursuant to search warrants or produced in response to subpoenas.

Jurisdiction
Australia
Judgment Date
31 March 1999
Procedural Posture
Bankruptcy Proceeding / Application Under Order 46 Rule 6 of the Federal Court Rules for Leave to Inspect and Copy Bankruptcy File
Outcome
Leave granted to inspect and copy the bankruptcy file, subject to exclusions; no order as to costs.
Legal Topics
['inspection of Court File' 'access to Bankruptcy File' 'confidential Court Documents' 'documents Seized Under Search Warrants' 'documents Produced Under Subpoenas']
['bankruptcy' 'civil Procedure'] ['inspection of Court File' 'access to Bankruptcy File' 'confidential Court Documents' 'documents Seized Under Search Warrants' 'documents Produced Under Subpoenas']

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Procedural Posture

Bankruptcy Proceeding / Application Under Order 46 Rule 6 of the Federal Court Rules for Leave to Inspect and Copy Bankruptcy File

Legal Issues

  1. 1 ["Whether Paul Barry should be granted leave under Order 46 rule 6 of the Federal Court Rules to inspect and copy documents comprising Alan Bond's bankruptcy file." 'Whether leave should exclude documents made confidential by previous Court orders or documents seized pursuant to search warrants or produced in response to subpoenas.']

Ratio Decidendi

Because the bankruptcy file had been open to public inspection throughout the whole of Mr Bond's bankruptcy and Mr Bond was a figure of some public significance, it was appropriate to grant Paul Barry leave to inspect and copy the bankruptcy file, subject to exclusions for documents made confidential by previous Court orders and documents seized pursuant to search warrants or produced in response to subpoenas.

Court Disposition

Leave granted to inspect and copy the bankruptcy file, subject to exclusions; no order as to costs.

Orders

  • ['Leave granted to Mr Paul Barry to inspect and take copies of the documents comprising the bankruptcy file of Alan Bond.' 'The leave granted in Order 1 does not extend to documents which have been made confidential by previous orders of the Court.' 'The leave granted in Order 1 does not extend to documents which...