Re Staples, Bryan Douglas & Anor Ex Parte Baker, Peter James & Ors v Staples, Bryan Douglas & Anor [1996] FCA 615

Re Staples, Bryan Douglas & Anor Ex Parte Baker, Peter James & Ors v Staples, Bryan Douglas & Anor [1996] FCA 615

The report of Arthur Henry Carrick, authorised officer under the Bankruptcy Act and filed with the Registrar pursuant to statutory requirements, is admissible as evidence—primarily based on statutory provisions for such reports in bankruptcy proceedings and by analogy with case law admitting trustee/official reports, even if the public documents rationale is not satisfied.

Jurisdiction
Australia
Judgment Date
10 July 1996
Procedural Posture
Bankruptcy Application / Evidentiary/interlocutory Order
Outcome
Report admitted into evidence, subject to right of cross-examination of its author.
Legal Topics
['admissibility of Evidence' 'public Documents' 'insolvency Investigations']
['bankruptcy'] ['admissibility of Evidence' 'public Documents' 'insolvency Investigations']

Case Brief

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Procedural Posture

Bankruptcy Application / Evidentiary/interlocutory Order

Legal Issues

  1. 1 ['Whether the report of Arthur Henry Carrick sworn on 6 June 1996 should be admitted as evidence in these proceedings']

Ratio Decidendi

The report of Arthur Henry Carrick, authorised officer under the Bankruptcy Act and filed with the Registrar pursuant to statutory requirements, is admissible as evidence—primarily based on statutory provisions for such reports in bankruptcy proceedings and by analogy with case law admitting trustee/official reports, even if the public documents rationale is not satisfied.

Court Disposition

Report admitted into evidence, subject to right of cross-examination of its author.

Orders

  • ['The report of Arthur Henry Carrick sworn on 6 June 1996 and filed as Exhibit B to the affidavit of Arthur Henry Carrick filed on 7 June 1996 be admitted as evidence in these proceedings.' 'Mr Carrick to be made available for cross-examination if respondents’ counsel so choose.']