Alan Douglas Kirton v Frieda Alwine Anna Manmgel [1982] FCA 217

Alan Douglas Kirton v Frieda Alwine Anna Manmgel [1982] FCA 217

Given uncertainty surrounding the bankrupt's wife's acquisition of shares in Concept Service Mart (Qld) Pty Ltd and possible connection to the bankrupt's affairs, a summons for her public examination is appropriate before the application for discharge can proceed. The court is not satisfied that all material facts regarding the bankrupt's affairs and potential interests have been disclosed, and deems it necessary to postpone further hearing of the application for discharge until completion of the examination and receipt of a further report from the Official Receiver.

Parties
Bankrupt/applicant: Alan Douglas Kirton; Creditor/respondent: Frieda Alwine Anna Mannigel; Witness (wife of Bankrupt): Mrs Kirton; Official Receiver: Official Receiver in Bankruptcy
Jurisdiction
Australia
Judgment Date
12 October 1982
Procedural Posture
Bankruptcy Application / Application for Discharge; Interlocutory Application for Public Examination Under S.81 and Adjournment
Outcome
Application for summons for public examination of Mrs Kirton granted; application for discharge adjourned; Mrs Mannigel's other applications dismissed; costs reserved.
Legal Topics
Public Examination of Bankrupt, Application for Discharge, Examination of Witnesses in Bankruptcy, Disclosure of Assets
Bankruptcy Public Examination of Bankrupt Application for Discharge Examination of Witnesses in Bankruptcy Disclosure of Assets

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Parties

Alan Douglas Kirton

Bankrupt/applicant

Frieda Alwine Anna Mannigel

Creditor/respondent

Mrs Kirton

Witness (wife of Bankrupt)

Official Receiver in Bankruptcy

Official Receiver

Procedural Posture

Bankruptcy Application / Application for Discharge; Interlocutory Application for Public Examination Under S.81 and Adjournment

Legal Issues

  1. 1 Whether a summons for public examination should be issued to the bankrupt's wife under s.81 of the Bankruptcy Act concerning her shareholding in the purchaser company and her connection with the bankrupt's affairs.
  2. 2 Whether the bankrupt should be granted an order of discharge given the potential undisclosed interests and incomplete examination of relevant associations.
  3. 3 Whether the applications for summonses to other individuals should be granted.

Ratio Decidendi

Given uncertainty surrounding the bankrupt's wife's acquisition of shares in Concept Service Mart (Qld) Pty Ltd and possible connection to the bankrupt's affairs, a summons for her public examination is appropriate before the application for discharge can proceed. The court is not satisfied that all material facts regarding the bankrupt's affairs and potential interests have been disclosed, and deems it necessary to postpone further hearing of the application for discharge until completion of the examination and receipt of a further report from the Official Receiver.

Court Disposition

Application for summons for public examination of Mrs Kirton granted; application for discharge adjourned; Mrs Mannigel's other applications dismissed; costs reserved.

Orders

  • Mrs Kirton to be summoned under s.81 of the Bankruptcy Act to attend before the Registrar and produce documents and give evidence concerning her association with Concept Service Mart (Qld) Pty Ltd and related matters.
  • Such examination to be held as soon as possible.