Haines, Re M.F. Ex Parte Official Trustee in Bankruptcy [1986] FCA 305

Haines, Re M.F. Ex Parte Official Trustee in Bankruptcy [1986] FCA 305

There was no error in the Deputy Registrar's discretion to refuse adjournment of the section 69 examination. The standing order means the bankruptcy continues, and notice of appeal produces no stay. The circumstances did not require the adjournment be granted.

Parties
Applicant: Official Trustee in Bankruptcy; Bankrupt: Michael Frederick Haines
Jurisdiction
Australia
Judgment Date
07 August 1986
Procedural Posture
Application to Review Decision of Deputy Registrar / Judgment on Review of Adjournment Decision
Outcome
Application for review dismissed
Legal Topics
Section 69 Examination, Adjournment of Examination, Discharge of Bankrupt Under S.149
Bankruptcy Section 69 Examination Adjournment of Examination Discharge of Bankrupt Under S.149

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Parties

Official Trustee in Bankruptcy

Applicant

Michael Frederick Haines

Bankrupt

Procedural Posture

Application to Review Decision of Deputy Registrar / Judgment on Review of Adjournment Decision

Legal Issues

  1. 1 Whether the Deputy Registrar erred in refusing to adjourn a section 69 examination pending appeal against an order affecting the discharge date of the bankrupt
  2. 2 Whether a discharged bankrupt is still subject to an examination order under section 69 of the Bankruptcy Act

Ratio Decidendi

There was no error in the Deputy Registrar's discretion to refuse adjournment of the section 69 examination. The standing order means the bankruptcy continues, and notice of appeal produces no stay. The circumstances did not require the adjournment be granted.

Court Disposition

Application for review dismissed

Orders

  • The decision of the Deputy Registrar refusing to adjourn the section 69 examination is affirmed. The examination is to continue before the Deputy Registrar.