Re Aitken, L.R. v. Ex parte Aitken, M.N. [1987] FCA 322

Re Aitken, L.R. v. Ex parte Aitken, M.N. [1987] FCA 322

There is no absolute rule forbidding the examinee from access to the application for summons; rather, the practice of sealing should yield to the particular merits of each case. Where there is no reasonable basis to believe access would undermine the examination, access should be granted.

Parties
Bankrupt: Lindsay Robert Aitken; Examinee/applicant: Margaret Noreen Aitken; Trustee/respondent: trustee of the estate of Lindsay Robert Aitken
Jurisdiction
Australia
Judgment Date
16 March 1987
Procedural Posture
Bankruptcy Application / Application to Set Aside a Summons and Preliminary Application for Access to Original Application for Issue of Summons
Outcome
application for access granted
Legal Topics
Access to Court Documents, Section 81 Examination, Practice Regarding Sealed Documents
Bankruptcy Law Access to Court Documents Section 81 Examination Practice Regarding Sealed Documents

Case Brief

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Parties

Lindsay Robert Aitken

Bankrupt

Margaret Noreen Aitken

Examinee/applicant

trustee of the estate of Lindsay Robert Aitken

Trustee/respondent

Procedural Posture

Bankruptcy Application / Application to Set Aside a Summons and Preliminary Application for Access to Original Application for Issue of Summons

Legal Issues

  1. 1 Whether the examinee is entitled to access the application for the issue of a summons under section 81 of the Bankruptcy Act
  2. 2 Whether the practice of sealing such applications should be maintained or departed from in the present case

Ratio Decidendi

There is no absolute rule forbidding the examinee from access to the application for summons; rather, the practice of sealing should yield to the particular merits of each case. Where there is no reasonable basis to believe access would undermine the examination, access should be granted.

Court Disposition

application for access granted

Orders

  • The application for the issue of summons under section 81 is to be made available to Margaret Noreen Aitken (the examinee).