Re Roger Gregory Matson; Ex Parte Official Receiver [1980] FCA 214

The Court has jurisdiction to order the production of a bankrupt prisoner for hearing of his discharge application, under s. 23 of the Federal Court of Australia Act 1976 and s. 30 of the Bankruptcy Act 1966, and may dispense with certain procedural requirements in the circumstances.

Parties: Bankrupt/applicant: Roger Gregory Matson; Respondent/applicant: Official Receiver
Jurisdiction: Australia
Judgment Date: 19 September 1980
Procedural Posture: Bankruptcy / Application for Discharge; Interlocutory Order
Outcome: Order granted for production of prisoner to court
Legal Topics: Discharge From Bankruptcy, Production of Prisoner for Court Proceedings

Bankruptcy Discharge From Bankruptcy Production of Prisoner for Court Proceedings

Case Brief

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Parties

Roger Gregory Matson

Bankrupt/applicant

Official Receiver

Respondent/applicant

Procedural Posture

Bankruptcy / Application for Discharge; Interlocutory Order

Legal Issues

1 Jurisdiction and power of the Federal Court to order production of a prisoner for bankruptcy proceedings
2 Legal basis for ordering attendance of bankrupt prisoner

Ratio Decidendi

Court Disposition

Order granted for production of prisoner to court

Orders

Roger Gregory Matson be produced to the Federal Court by the Governor of the Central Industrial Prison of NSW on 22 September 1980 at 12 noon and so on from day to day until his attendance is no longer required in connection with his bankruptcy discharge application