Re Pesic, D. & Official Trustee in Bankruptcy v Ex parte Pesic, D

The case of Re Pesic, D. & Official Trustee in Bankruptcy v Ex parte Pesic, D. before Neaves J. in the Federal Court of Australia involved applications by Dobrosov Pesic and Borka Pesic to set aside summonses issued by the Official Trustee in Bankruptcy requiring them to attend for public examination. The summonses sought documents and evidence relating to the purchase and sale of properties at Mawson and Curtin, as well as financial records. The applicants argued that the power to issue the summonses did not survive the discharge of Dobrosov from bankruptcy, and that the delay in issuing the summonses was oppressive. The Court held that the power to issue the summonses did survive the discharge of the bankrupt, following the decision of a Full Court. However, the summonses were amended to exclude references to certain properties and records, as they were not relevant to the bankrupt's estate. The Court dismissed the applications, holding that the exercise of the power in the circumstances was not oppressive, vexatious or unfair.

The Court ordered that the summonses be amended by deleting references to certain properties and records, and dismissed the applications otherwise. There was no order as to costs.