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
- AGLC
- Clyne, P.L. v Deputy Commissioner of Taxation [1986] FCA 3
- Case
- [1986] FCA 3
- Decision Date
CaseChat Overview and Summary
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.