Griffin v Pantzer [2003] FCA 793

Griffin v Pantzer [2003] FCA 793

The Bankruptcy Act 1966 (Cth), specifically ss 77, 81, 129, and 130, abrogates the privilege against self-incrimination to the extent that a bankrupt must produce documents and answer questions to the trustee for the purpose of administration of the estate, but the privilege is not extinguished with respect to further use of those documents. The trustee may not disclose such documents to unsecured creditors or prosecuting authorities, and s 128 of the Evidence Act 1995 (Cth) does not necessarily apply to bankruptcy examinations; its application remains unresolved.

Parties
Applicant: David James Griffin; Respondent: Warren Pantzer
Jurisdiction
Australia
Judgment Date
26 June 2003
Procedural Posture
Bankruptcy Application / Interlocutory Hearing
Outcome
Proceeding stood over, part-heard, to 27 June 2003.
Legal Topics
Privilege Against Self Incrimination, Production of Documents, Examination of Bankrupt, Statutory Interpretation
Bankruptcy Law Evidence Law Privilege Against Self Incrimination Production of Documents Examination of Bankrupt Statutory Interpretation

Case Brief

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Parties

David James Griffin

Applicant

Warren Pantzer

Respondent

Procedural Posture

Bankruptcy Application / Interlocutory Hearing

Legal Issues

  1. 1 Whether the privilege against self-incrimination is abrogated by Bankruptcy Act 1966 (Cth) ss 77, 81, 129, and 130.
  2. 2 Extent of abrogation of privilege against self-incrimination in bankruptcy proceedings.
  3. 3 Whether Evidence Act 1995 (Cth) s 128 applies to an examination under Bankruptcy Act 1966 (Cth) s 81.

Ratio Decidendi

The Bankruptcy Act 1966 (Cth), specifically ss 77, 81, 129, and 130, abrogates the privilege against self-incrimination to the extent that a bankrupt must produce documents and answer questions to the trustee for the purpose of administration of the estate, but the privilege is not extinguished with respect to further use of those documents. The trustee may not disclose such documents to unsecured creditors or prosecuting authorities, and s 128 of the Evidence Act 1995 (Cth) does not necessarily apply to bankruptcy examinations; its application remains unresolved.

Court Disposition

Proceeding stood over, part-heard, to 27 June 2003.

Orders

  • The Court stands the proceeding over, part-heard, to 27 June 2003 at 9.30 am.