Day v Gould in the matter of Gould [2002] FCA 1249

Day v Gould in the matter of Gould [2002] FCA 1249

The notice of motion was dismissed because there was no evidentiary material before the Court suggesting that the summons was oppressive or improperly issued, and nothing in the submissions of Mr Sorhus or Mr Gould persuaded the Court that there was any deficiency with the summons.

Jurisdiction
Australia
Judgment Date
01 October 2002
Procedural Posture
Bankruptcy Examination Summons Proceeding / Notice of Motion to Strike Out Summons
Outcome
The notice of motion is dismissed with costs.
Legal Topics
['examination Summons' 'strike Out Application' 'oppressive or Improperly Issued Summons']
['bankruptcy' 'civil Procedure'] ['examination Summons' 'strike Out Application' 'oppressive or Improperly Issued Summons']

Case Brief

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Procedural Posture

Bankruptcy Examination Summons Proceeding / Notice of Motion to Strike Out Summons

Legal Issues

  1. 1 ['Whether the summons filed on 5 June 2002 to attend for examination under the Bankruptcy Act 1966 (Cth) should be struck out.' 'Whether there was evidentiary material or submissions showing that the summons was oppressive, improperly issued, or deficient.']

Ratio Decidendi

The notice of motion was dismissed because there was no evidentiary material before the Court suggesting that the summons was oppressive or improperly issued, and nothing in the submissions of Mr Sorhus or Mr Gould persuaded the Court that there was any deficiency with the summons.

Court Disposition

The notice of motion is dismissed with costs.

Orders

  • ['The notice of motion is dismissed with costs.']