Clout (Trustee), in the matter of Dexter (Bankrupt) [2000] FCA 1847

Clout (Trustee), in the matter of Dexter (Bankrupt) [2000] FCA 1847

The trustee's use of examination power under s 81 is permissible in circumstances where respondents defaulted in compliance with court directions and discovery obligations, and the documents sought are relevant to the examinable affairs of the bankrupt.

Parties
Applicant: David Lewis Clout; Bankrupt: Geoffrey Robert Dexter; Respondent: Anscor Pty Ltd; Respondent: Anne Shirley Corbett; Respondent: Croftby Downs Pty Ltd; Respondent: Thornville Pty Ltd (as trustee for the Thornville Executive Incentive Trust); Respondent: Anscor Investments Pty Ltd; Summonsed Party: Graham Scott and Co Pty Ltd; Summonsed Party: John McDonald McAuley; Respondent: Pacific International Asset Management Limited
Jurisdiction
Australia
Judgment Date
12 December 2000
Procedural Posture
Bankruptcy Proceedings / Application to Set Aside S 81 Bankruptcy Act Summonses
Outcome
Notices of motion dismissed
Legal Topics
Examination of Persons Under S 81 Bankruptcy Act, Tracing Orders, Relief Under S 120 Bankruptcy Act, Proper Use of Statutory Examination Powers, Oppressive Summonses
Insolvency Bankruptcy Examination of Persons Under S 81 Bankruptcy Act Tracing Orders Relief Under S 120 Bankruptcy Act Proper Use of Statutory Examination Powers Oppressive Summonses

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Parties

David Lewis Clout

Applicant

Geoffrey Robert Dexter

Bankrupt

Anscor Pty Ltd

Respondent

Anne Shirley Corbett

Respondent

Croftby Downs Pty Ltd

Respondent

Thornville Pty Ltd (as trustee for the Thornville Executive Incentive Trust)

Respondent

Anscor Investments Pty Ltd

Respondent

Graham Scott and Co Pty Ltd

Summonsed Party

John McDonald McAuley

Summonsed Party

Pacific International Asset Management Limited

Respondent

Procedural Posture

Bankruptcy Proceedings / Application to Set Aside S 81 Bankruptcy Act Summonses

Legal Issues

  1. 1 Whether the trustee in bankruptcy is abusing the examination power under s 81 Bankruptcy Act
  2. 2 Whether the scope of documents sought is oppressively wide

Ratio Decidendi

The trustee's use of examination power under s 81 is permissible in circumstances where respondents defaulted in compliance with court directions and discovery obligations, and the documents sought are relevant to the examinable affairs of the bankrupt.

Court Disposition

Notices of motion dismissed

Orders

  • Each of the notices of motion be dismissed.
  • The applicant on each notice of motion pay the respondent's costs of and incidental to the notices of motion.