Re Winton, K.G. v. Ex parte Jolliffe, J. (Registrar in Bankruptcy) [1987] FCA 595

A Deputy Registrar in Bankruptcy is an officer of the Commonwealth for the purposes of exercising powers under section 15(4) and applying for summons under section 81 of the Bankruptcy Act 1966.

Parties: Debtor/applicant: Kenneth Graham Winton; Respondent/deputy Registrar in Bankruptcy: James John Jolliffe
Jurisdiction: Australia
Judgment Date: 30 October 1987
Procedural Posture: Bankruptcy Review Application / Judgment After Hearing of Application for Review of Summons Issued Under S 81 Bankruptcy Act
Outcome: application dismissed
Legal Topics: Status of Deputy Registrar Under Bankruptcy Act, Meaning of 'officer of the Commonwealth', Official Receiver Powers, Review of Section 81 Summons

Bankruptcy Status of Deputy Registrar Under Bankruptcy Act Meaning of 'officer of the Commonwealth' Official Receiver Powers Review of Section 81 Summons

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Parties

Kenneth Graham Winton

Debtor/applicant

James John Jolliffe

Respondent/deputy Registrar in Bankruptcy

Procedural Posture

Bankruptcy Review Application / Judgment After Hearing of Application for Review of Summons Issued Under S 81 Bankruptcy Act

Legal Issues

1 Whether Deputy Registrar in Bankruptcy is 'officer of the Commonwealth' under Bankruptcy Act 1966 s 5(1)
2 Whether Deputy Registrar can apply for summons under s 81 as Official Receiver

Ratio Decidendi

A Deputy Registrar in Bankruptcy is an officer of the Commonwealth for the purposes of exercising powers under section 15(4) and applying for summons under section 81 of the Bankruptcy Act 1966.

Court Disposition

application dismissed

Orders

Application dismissed.
Applicant is to pay the respondent's costs.