Re Jacka, J.N. v. Ex parte Jacka, J.N. [1986] FCA 248

Re Jacka, J.N. v. Ex parte Jacka, J.N. [1986] FCA 248

A bankrupt has no right or entitlement to put questions to a witness summoned to give evidence pursuant to the provisions of Section 81 of the Bankruptcy Act.

Parties
Bankrupt: Joy Naomi Jacka; Official Trustee: Official Trustee
Jurisdiction
Australia
Judgment Date
28 May 1986
Procedural Posture
Reference Under Rule 119 of the Bankruptcy Rules / Determination of Referred Question
Outcome
Question answered in the negative: bankrupt has no right or entitlement to put questions to a witness summoned under s.81 of the Bankruptcy Act.
Legal Topics
Public Examination, Examination of Witnesses, Natural Justice
Bankruptcy Public Examination Examination of Witnesses Natural Justice

Case Brief

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Parties

Joy Naomi Jacka

Bankrupt

Official Trustee

Official Trustee

Procedural Posture

Reference Under Rule 119 of the Bankruptcy Rules / Determination of Referred Question

Legal Issues

  1. 1 Whether a bankrupt has a right or entitlement to put questions to a witness summoned under s.81 of the Bankruptcy Act 1966

Ratio Decidendi

A bankrupt has no right or entitlement to put questions to a witness summoned to give evidence pursuant to the provisions of Section 81 of the Bankruptcy Act.

Court Disposition

Question answered in the negative: bankrupt has no right or entitlement to put questions to a witness summoned under s.81 of the Bankruptcy Act.

Orders

  • The question referred is answered: No.