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High Court, in an application by a bankrupt to cross-examine the official assignee in bankruptcy in proceedings brought by the latter to extend the period of bankruptcy owing to an alleged failure on the part of the bankrupt to cooperate with the assignee and make disclosure of certain realisable income and assets, refuses to permit such cross-examination, on the grounds the applicant has failed to demonstrate the presence of a conflict on the affidavits already sworn which would merit such an order, in circumstances where it is the bankrupt's alleged behaviour that is at issue and not the official assignee's.
Bankruptcy - whether the bankrupt may cross examine the official assignee on affidavits sworn in pursuance of application to delay discharge date of bankruptcy - official assignee's application to postpone automatic discharge - failure to co-operate with assignee in realisation of assets - failure to disclose income/assets which could be realised - assignee's application for the court to direct a further investigation - Order 76 rule 73 RSC - no entitlement to serve notice to cross-examine - liberty to cross-examine - matters identified upon which bankrupt seeks to cross-examine - gravity of application to extend bankruptcy - just and equitable to make assignee available for cross-examination - failure to demonstrate a conflict on the affidavits relevant to the issue to be determined - matters upon which to cross-examine not set out on affidavit - no disputes of fact on application for further investigation - bankrupt's conduct is under scrutiny and not that of the official assignee - application to cross-examine refused.
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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