In the matter of Robalino, Carlos & Anor A W Butterell [1998] FCA 1503

In the matter of Robalino, Carlos & Anor A W Butterell [1998] FCA 1503

The summons was set aside because the evidence indicated that its sole purpose when issued was to obtain evidence in support of the Bankrupts' proposed appeal, and there was no evidence that the trustee wished to examine Mr Mendoza under section 81 for the purpose of administering the bankrupt estates.

Jurisdiction
Australia
Judgment Date
22 September 1998
Procedural Posture
Application to Set Aside a Summons Issued Under Section 81 of the Bankruptcy Act 1966 (cth) / Ex Tempore Reasons for Judgment
Outcome
Summons set aside; no order as to costs.
Legal Topics
['section 81 Summons' 'examination of Relevant Person' 'administration of Bankrupt Estate' 'sequestration Orders' 'costs']
['bankruptcy'] ['section 81 Summons' 'examination of Relevant Person' 'administration of Bankrupt Estate' 'sequestration Orders' 'costs']

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Procedural Posture

Application to Set Aside a Summons Issued Under Section 81 of the Bankruptcy Act 1966 (cth) / Ex Tempore Reasons for Judgment

Legal Issues

  1. 1 ["Whether a summons issued under section 81 of the Bankruptcy Act 1966 (Cth) should be set aside where the evidence indicated it was sought to obtain evidence for the bankrupts' appeal rather than for the trustee's administration of the estates." 'Whether there should be any order as to the costs of the application.']

Ratio Decidendi

The summons was set aside because the evidence indicated that its sole purpose when issued was to obtain evidence in support of the Bankrupts' proposed appeal, and there was no evidence that the trustee wished to examine Mr Mendoza under section 81 for the purpose of administering the bankrupt estates.

Court Disposition

Summons set aside; no order as to costs.

Orders

  • ['The summons issued under section 81 of the Bankruptcy Act 1966 (Cth) is set aside.' 'No order as to the costs of the application.']