Re Skyring, Alan George Ex Parte Sweeney, Paul Desmond [1997] FCA 387

Re Skyring, Alan George Ex Parte Sweeney, Paul Desmond [1997] FCA 387

Mr Skyring admitted possession or control of documents responsive to the summons and refused to produce them because of his asserted currency point, which did not provide a lawful basis for non-compliance and was no longer open to him to relitigate. His refusal to produce bank, income and debt documents impeded administration of the bankrupt estate and justified committal for contempt, with execution of the warrant deferred for 21 days to allow compliance. His refusal concerning the certificate of title also constituted contempt, but did not warrant coercive imprisonment because it no longer affected administration of the estate.

Jurisdiction
Australia
Judgment Date
12 May 1997
Procedural Posture
Bankruptcy Contempt Application / Application by Trustee for Committal for Contempt
Outcome
Mr Skyring was found in contempt and ordered to be committed to prison for failure to produce specified documents, with the warrant not to be executed if he produced the documents within 21 days; the Trustee was awarded costs on a solicitor and client basis.
Legal Topics
['public Examination in Bankruptcy' 'failure to Produce Documents Under Summons' 'refusal to Answer Question at Examination' 'committal Warrant' 'legal Tender Argument']
['bankruptcy' 'contempt of Court'] ['public Examination in Bankruptcy' 'failure to Produce Documents Under Summons' 'refusal to Answer Question at Examination' 'committal Warrant' 'legal Tender Argument']

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Procedural Posture

Bankruptcy Contempt Application / Application by Trustee for Committal for Contempt

Legal Issues

  1. 1 ["Whether Mr Skyring was in contempt for failing to produce documents required by the Deputy District Registrar's summons of 20 February 1997." 'Whether Mr Skyring was in contempt for refusing to answer a directed question about the location of the certificate of title for 10 Lincoln Street, Wilston.' 'Whether the court should exercise its coercive contempt power by committing Mr Skyring to prison, and on what conditions.']

Ratio Decidendi

Mr Skyring admitted possession or control of documents responsive to the summons and refused to produce them because of his asserted currency point, which did not provide a lawful basis for non-compliance and was no longer open to him to relitigate. His refusal to produce bank, income and debt documents impeded administration of the bankrupt estate and justified committal for contempt, with execution of the warrant deferred for 21 days to allow compliance. His refusal concerning the certificate of title also constituted contempt, but did not warrant coercive imprisonment because it no longer affected administration of the estate.

Court Disposition

Mr Skyring was found in contempt and ordered to be committed to prison for failure to produce specified documents, with the warrant not to be executed if he produced the documents within 21 days; the Trustee was awarded costs on a solicitor and client basis.

Orders

  • ["Mr Skyring be committed to prison for contempt of court constituted by his failure to comply with the Deputy District Registrar's requirement contained in the Deputy District Registrar's summons of 20 February 1997 to produce the bank statements sought by paragraph 1 of the summons, namely, Mr Skyring's...