Clyne, P.L. v Deputy Commissioner of Taxation

Case [1986] FCA 3


3

Petlt?.onlng

C r e d l t o r

MIPIUTE OF ORDER

JUDGE M-WIEJG OEDEP.:

Beaunont J .

EATE

OREER

KV3E:

14 J a n u a r y 1985

EJHERE

MXDE:

Sydney

P e t i t i o n i n g C r z d l t o r

Beaumont,

J .

DATED: 14 December 1Oe5

.

both parties xould be achleved if an allowance

of

$1,500

(I.e. $500 pzr day) uere granted, not for the appearance of senior counsel, but as consultation fees so that Mr. Lewis can consult n t h Mr. Hiatt, Q.C. in connectiop wlth the exammation.

I make the folloxlnq orders:

1. Leave

be

granted

to

the

trustee

to

make

i2n

allowance to the bankrupt in the sum of $1,500 for

the purpose

of

the retainer by the bankrupt of

I

senior counsel in order that senior counsel may consult with Junior counsel In connection wlth the adJourned public examlnatlon of the bankrupt.

_.

7

Costs reserved.

IN THE FEDERAL COURT OF AUSTRALIA

) )

GENERAL

DIVISION,

BANKRUPTCY

1

) No. W929 of 1983

DISTRICT OF NEW SOUTII WALES AND

)

1

THE AUSTRALIAN CAPITAL TERRITORY

)

RE :

PETER LEOPOLD CLYNE

Bankrupt

Ex Parte:

THE DEPUTY COYIISSIONER OF TAXATIOFi

Petltlonlng Credltor

CORRIGENDA

Amendment to the ludqment

of hls Honour Mr. Justlce

Beaumont of 14 January 1986 -

Date of Minute of Order to read

"14 January 1986"

Reasons for Judgment, page

1 to read

"DATED: 14 January 1986"

L.

-d

(D. Wakeham)

Actlng Associate

Details
AGLC
Clyne, P.L. v Deputy Commissioner of Taxation [1986] FCA 3
Case
[1986] FCA 3
Decision Date

CaseChat Overview and Summary

In the Federal Court of Australia, specifically in the General Division, Bankruptcy District of New South Wales and the Australian Capital Territory, the case of Re: Peter Leopold Clyne, a bankrupt, was heard. The Deputy Commissioner of Taxation sought leave to examine the bankrupt in relation to his bankruptcy. The bankrupt, represented by a creditor, applied for an allowance to retain senior counsel to assist with the examination. The central legal issue was whether the bankrupt was entitled to an allowance for the retention of senior counsel to consult with junior counsel regarding the adjourned public examination. The court had to determine if such an allowance was necessary and reasonable under the circumstances.

Justice Beaumont concluded that the bankrupt's right to a fair examination was paramount and that the allowance for consultation fees was necessary to ensure this right was not compromised. The court reasoned that the bankrupt's ability to effectively consult with junior counsel would significantly benefit the examination process. The court acknowledged that the allowance was not for the appearance of senior counsel but for consultation purposes, making it a reasonable expense.

Accordingly, Justice Beaumont granted leave for the trustee to make an allowance to the bankrupt in the sum of $1,500 to retain senior counsel. This decision aimed to ensure that the bankrupt could adequately prepare for and participate in the examination, thereby upholding the principles of fairness and due process. The court reserved the matter of costs, indicating that further consideration would be given at a later stage.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.