Guthrie, T.J. v Robertson, M. [1987] FCA 176

Guthrie, T.J. v Robertson, M. [1987] FCA 176

Given the outstanding fines, the Court is satisfied that the orders sought for the oral examination of the defendant and production of documents concerning his financial position are appropriate to aid enforcement of judgment.

Parties
Prosecutor: Terence James Guthrie; Defendant: Michael Robertson
Jurisdiction
Australia
Judgment Date
27 March 1987
Procedural Posture
Enforcement/discovery in Aid of Execution Post Conviction for Contraventions of Trade Practices Act / Application for Orders in Aid of Enforcement Post Judgment
Outcome
Orders made for oral examination of Michael Robertson and production of financial documents; costs reserved.
Legal Topics
Enforcement of Judgment, Discovery in Aid of Execution
Trade Practices Practice and Procedure Enforcement of Judgment Discovery in Aid of Execution

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Parties

Terence James Guthrie

Prosecutor

Michael Robertson

Defendant

Procedural Posture

Enforcement/discovery in Aid of Execution Post Conviction for Contraventions of Trade Practices Act / Application for Orders in Aid of Enforcement Post Judgment

Legal Issues

  1. 1 Whether the Court should order oral examination and production of documents by the defendant to aid enforcement of outstanding fines imposed under the Trade Practices Act

Ratio Decidendi

Given the outstanding fines, the Court is satisfied that the orders sought for the oral examination of the defendant and production of documents concerning his financial position are appropriate to aid enforcement of judgment.

Court Disposition

Orders made for oral examination of Michael Robertson and production of financial documents; costs reserved.

Orders

  • Michael Robertson attend and be orally examined as to property or means of satisfying judgment before the Registrar on 11 May 1987 at 10:30 a.m.
  • Michael Robertson produce all books, bank statements, savings accounts, share certificates, and other documents relating to his financial position before the Registrar at the time of examination.