Day v Gould [2002] FCA 894

In the absence of a motion to discharge the summons and given that justice of the case does not require disclosure in the circumstances, the application for inspection is dismissed.

Jurisdiction: Australia
Judgment Date: 09 July 2002
Procedural Posture: Bankruptcy Proceeding / Application for Inspection of Affidavit
Outcome: application dismissed
Legal Topics: ['examination of Bankrupt Under S 81' 'access to Supporting Affidavits']

['bankruptcy'] ['examination of Bankrupt Under S 81' 'access to Supporting Affidavits']

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Procedural Posture

Bankruptcy Proceeding / Application for Inspection of Affidavit

Legal Issues

1 ['Whether Stephen Gould should be allowed to inspect an affidavit filed by Julian Day in support of an application under s 81 of the Bankruptcy Act 1966']

Ratio Decidendi

In the absence of a motion to discharge the summons and given that justice of the case does not require disclosure in the circumstances, the application for inspection is dismissed.

Court Disposition

application dismissed

Orders

['The application by Stephen Gould for an order allowing him to inspect an affidavit filed by Julian Day on 3 July 2002 be dismissed.']