Waterco Ltd v Green [1999] FCA 254

Waterco Ltd v Green [1999] FCA 254

The fact that Ms Burton had otherwise cooperated with the trustee did not, of itself, warrant discharge of the summons. It was proper for Waterco, as the most significant unsecured creditor, to investigate by examination of Ms Burton whether there had been dealings in property involving Mr Green that would realize funds for the trustee. The application to discharge the summons was dismissed with costs.

Jurisdiction
Australia
Judgment Date
17 March 1999
Procedural Posture
Bankruptcy / Application to Set Aside Summons for Examination
Outcome
application dismissed
Legal Topics
['summons for Examination' 'voidable Transactions' 'proof of Debt']
['bankruptcy'] ['summons for Examination' 'voidable Transactions' 'proof of Debt']

Case Brief

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Procedural Posture

Bankruptcy / Application to Set Aside Summons for Examination

Legal Issues

  1. 1 ['Whether the summons for examination of Ms Burton under s 81 of the Bankruptcy Act 1966 should be discharged' 'Whether Ms Burton has sufficiently co-operated with the trustee such that examination is unnecessary' 'Whether the requirements of O 77 r 34(2)(c)(ii) and O 77 r 35 were met in relation to requests for documents']

Ratio Decidendi

The fact that Ms Burton had otherwise cooperated with the trustee did not, of itself, warrant discharge of the summons. It was proper for Waterco, as the most significant unsecured creditor, to investigate by examination of Ms Burton whether there had been dealings in property involving Mr Green that would realize funds for the trustee. The application to discharge the summons was dismissed with costs.

Court Disposition

application dismissed

Orders

  • ['The application of Ms Susan Stella Burton for an order to discharge the summons for her examination under s 81 of the Bankruptcy Act 1966 is dismissed.' 'Ms Burton pay the costs of Waterco Limited of the application.']