Re: Winton, Ex Parte: Jolliffe [1987] FCA 818

Re: Winton, Ex Parte: Jolliffe [1987] FCA 818

The applications challenging the terms of the section 81 summonses are dismissed, as the summonses adequately disclosed the documents sought and are not oppressive or imprecise; the status issue of the respondent to issue summonses is reserved for further argument and submissions.

Parties
Bankrupt: Kenneth Graham Winton; Company: Latia Pty. Limited; Company: Cataplumb Pty. Limited; Deputy Registrar in Bankruptcy (respondent): James John Jolliffe
Jurisdiction
Australia
Judgment Date
10 June 1987
Procedural Posture
Application / Interlocutory (review and Setting Aside of Summonses)
Outcome
Applications challenging the terms of the summonses dismissed; decision on respondent's status reserved.
Legal Topics
Section 81 Summonses, Review of Summons, Scope and Precision of Summons, Status of Officer to Bring Application
Bankruptcy Section 81 Summonses Review of Summons Scope and Precision of Summons Status of Officer to Bring Application

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Parties

Kenneth Graham Winton

Bankrupt

Latia Pty. Limited

Company

Cataplumb Pty. Limited

Company

James John Jolliffe

Deputy Registrar in Bankruptcy (respondent)

Procedural Posture

Application / Interlocutory (review and Setting Aside of Summonses)

Legal Issues

  1. 1 Whether the Deputy Registrar in Bankruptcy had status to bring the application for section 81 summonses
  2. 2 Whether the section 81 summonses issued to Latia Pty. Limited and Cataplumb Pty. Limited were oppressive, too wide, or insufficiently precise

Ratio Decidendi

The applications challenging the terms of the section 81 summonses are dismissed, as the summonses adequately disclosed the documents sought and are not oppressive or imprecise; the status issue of the respondent to issue summonses is reserved for further argument and submissions.

Court Disposition

Applications challenging the terms of the summonses dismissed; decision on respondent's status reserved.

Orders

  • Applications challenging the terms of the summonses themselves are dismissed.
  • Decision as to the status of the respondent to issue summonses reserved to allow written submissions.