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Bankrupt granted leave to cross-examine official assignee in bankruptcy

By: Ian Fitzharris BL

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High Court grants order permitting a bankrupt to cross-examine the official assignee in bankruptcy in respect of the latter's application to extend the period of the bankrupt's bankruptcy on the precise issue only of the official assignee's belief as to the bankrupt's alleged: (1) failure to cooperate in the realisation of his assets for the bankruptcy estate; and (2) failure to disclose income or assets which could be realised for the benefits of creditors, where the court is satisfied as a matter of procedural fairness the bankrupt is entitled to so cross examine the official assignee's belief only on the specific matters to be identified by the bankrupt in advance of the hearing of the motion.

Bankruptcy - bankrupt's application seeking leave to cross-examine official assignee on his affidavits in respect of official assignee in bankruptcy's application to extend period of bankruptcy arising from a belief that bankrupt failed to cooperate in realisation of the assets of bankruptcy estate - matter of procedural fairness - belief as to hiding of assets or failing to disclose assets or of failing to cooperate with official assignee - wide ranging cross examination on other matters not permitted - bankrupt to identify parts of affidavit he wishes to cross examine on foot of.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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