Re Hodby, R.D. v. Ex parte Official Trustee & Ors [1988] FCA 94

Re Hodby, R.D. v. Ex parte Official Trustee & Ors [1988] FCA 94

Sufficient material existed before the Registrar implicating the applicants as persons capable of providing information regarding the bankrupt's dealings with Krakat Pty Ltd; the summonses were not too wide or oppressive in the circumstances and, despite pending or contemplated proceedings, there was no ground for discharge save in the matter reserved for further consideration.

Parties
Applicant: Sophia Karounos; Applicant: Elias Karounos; Applicant: Katina Karounos; Applicant: Barbara Joy Hunt; Official Trustee: Official Trustee
Jurisdiction
Australia
Judgment Date
11 March 1988
Procedural Posture
Bankruptcy Application to Set Aside Examination Summonses / Interlocutory Application; Reasons for Orders
Outcome
Applications to set aside the s.81 summonses (except that relating to Domitix Pty Ltd) dismissed; remaining application adjourned.
Legal Topics
Public Examination, Summonses, Oppression or Vexation in Process, Scope of Examination, Registrar's Discretion
Bankruptcy Public Examination Summonses Oppression or Vexation in Process Scope of Examination Registrar's Discretion

Case Brief

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Parties

Sophia Karounos

Applicant

Elias Karounos

Applicant

Katina Karounos

Applicant

Barbara Joy Hunt

Applicant

Official Trustee

Official Trustee

Procedural Posture

Bankruptcy Application to Set Aside Examination Summonses / Interlocutory Application; Reasons for Orders

Legal Issues

  1. 1 Whether summonses for public examination issued under s.81 of the Bankruptcy Act 1966 were oppressive or vexatious
  2. 2 Whether there was sufficient material before the Registrar to justify issuing the summonses
  3. 3 Whether the terms of the summonses were too wide

Ratio Decidendi

Sufficient material existed before the Registrar implicating the applicants as persons capable of providing information regarding the bankrupt's dealings with Krakat Pty Ltd; the summonses were not too wide or oppressive in the circumstances and, despite pending or contemplated proceedings, there was no ground for discharge save in the matter reserved for further consideration.

Court Disposition

Applications to set aside the s.81 summonses (except that relating to Domitix Pty Ltd) dismissed; remaining application adjourned.

Orders

  • The applications to discharge the summonses (other than the one to Barbara Joy Hunt relation to Domitix Pty Ltd) be dismissed.
  • The application regarding the summons to Barbara Joy Hunt regarding Domitix Pty Ltd be adjourned for further consideration.