Clyne, Re P.L. O'Brien, Ex Parte J.W. [1986] FCA 32

Clyne, Re P.L. O'Brien, Ex Parte J.W. [1986] FCA 32

Questions regarding the bankrupt's overseas bank accounts and dealings are relevant to the public examination under s 69(1) and must be answered. The possibility that answers may incriminate the bankrupt does not excuse him from answering, nor do personal health reasons or concerns about prejudice in pending applications justify refusing to answer under these statutory provisions.

Parties
Bankrupt: Peter Leopold Clyne; Trustee: John William O'Brien
Jurisdiction
Australia
Judgment Date
05 February 1986
Procedural Posture
Bankruptcy / Public Examination—objection to Question, Referred by Deputy Registrar for Judicial Determination
Outcome
Objection overruled. The bankrupt must answer the question regarding the telex dated 9 March 1983.
Legal Topics
Public Examination, Self Incrimination, Relevance of Questioning, Examination Procedure
Bankruptcy Public Examination Self Incrimination Relevance of Questioning Examination Procedure

Case Brief

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Parties

Peter Leopold Clyne

Bankrupt

John William O'Brien

Trustee

Procedural Posture

Bankruptcy / Public Examination—objection to Question, Referred by Deputy Registrar for Judicial Determination

Legal Issues

  1. 1 Whether questions regarding overseas bank accounts are relevant to the public examination under s 69 of the Bankruptcy Act 1966
  2. 2 Whether the possibility of self-incrimination or future criminal prosecution excuses the bankrupt from answering the question
  3. 3 Whether the bankrupt's ill health or the pendency of related applications justifies refusal to answer

Ratio Decidendi

Questions regarding the bankrupt's overseas bank accounts and dealings are relevant to the public examination under s 69(1) and must be answered. The possibility that answers may incriminate the bankrupt does not excuse him from answering, nor do personal health reasons or concerns about prejudice in pending applications justify refusing to answer under these statutory provisions.

Court Disposition

Objection overruled. The bankrupt must answer the question regarding the telex dated 9 March 1983.

Orders

  • The bankrupt, Peter Leopold Clyne, answer the said question.
  • The matter be referred back to the Deputy Registrar for a continuation of public examination under s 69 of the Bankruptcy Act 1966.