Re The Offical Trustee v. Ex parte Foster, P.C. [1987] FCA 124

Re The Offical Trustee v. Ex parte Foster, P.C. [1987] FCA 124

Although the court may have power to restrict publication, this was not a case in which it should be exercised because the public interest in knowledge of court proceedings outweighed the disadvantages to the applicant.

Parties
Applicant/bankrupt: Peter Clarence Foster (also known as Peter Michael Foster); Respondent/trustee: The Official Trustee
Jurisdiction
Australia
Judgment Date
12 March 1987
Procedural Posture
Bankruptcy / Application to Restrict Publication in Public Examination; Application for Leave to Appeal
Outcome
Application for order restricting publication dismissed. Leave to appeal dismissed. Costs reserved.
Legal Topics
Public Examination, Publication Restrictions, Open Justice
Bankruptcy Public Examination Publication Restrictions Open Justice

Case Brief

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Parties

Peter Clarence Foster (also known as Peter Michael Foster)

Applicant/bankrupt

The Official Trustee

Respondent/trustee

Procedural Posture

Bankruptcy / Application to Restrict Publication in Public Examination; Application for Leave to Appeal

Legal Issues

  1. 1 Whether the court should restrict or prevent publication of disclosures made in the course of the public examination of the bankrupt.

Ratio Decidendi

Although the court may have power to restrict publication, this was not a case in which it should be exercised because the public interest in knowledge of court proceedings outweighed the disadvantages to the applicant.

Court Disposition

Application for order restricting publication dismissed. Leave to appeal dismissed. Costs reserved.

Orders

  • No order on the reference by the Registrar.
  • Application for order that publication be prevented or restricted dismissed.