Re Trease, D.R. v Ex parte Trease, D.R. [1995] FCA 494

Re Trease, D.R. v Ex parte Trease, D.R. [1995] FCA 494

The bankrupt did not establish a case for abridgment because the trustee had specifically drawn his attention to the requirement to file the statement of affairs with the Registrar, there was no evidence of a practice that the trustee would file it for him, there was substantial delay after the failure to file was pointed out, and the failure to file was treated seriously by the Act. The Court was required to consider relevant matters as at the hearing date, including the trustee's s 149D objection, which had automatic effect unless cancelled and was an important consideration. Accordingly, abridgment and the declaration of discharge were refused.

Jurisdiction
Australia
Judgment Date
14 July 1995
Procedural Posture
Bankruptcy Application for Abridgment of Time for Discharge and Declaration of Discharge / Application Before the Federal Court of Australia
Outcome
Application dismissed with costs.
Legal Topics
['discharge From Bankruptcy' 'abridgment of Time' 'statement of Affairs' 'trustee Objection to Discharge' 'management of Corporation by Insolvent Under Administration']
['bankruptcy' 'corporations'] ['discharge From Bankruptcy' 'abridgment of Time' 'statement of Affairs' 'trustee Objection to Discharge' 'management of Corporation by Insolvent Under Administration']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Bankruptcy Application for Abridgment of Time for Discharge and Declaration of Discharge / Application Before the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the period for discharge from bankruptcy should be abridged under s 33(1)(c) of the Bankruptcy Act 1966 (Cth) to three years from 12 December 1991.' 'Whether the bankrupt should be treated as if his statement of affairs had been filed on 12 December 1991 when it was provided to the trustee.' "Whether the trustee's objection under s 149D(1)(b) of the Bankruptcy Act 1966 (Cth) should be disregarded in determining the abridgment application and declaration sought."]

Ratio Decidendi

The bankrupt did not establish a case for abridgment because the trustee had specifically drawn his attention to the requirement to file the statement of affairs with the Registrar, there was no evidence of a practice that the trustee would file it for him, there was substantial delay after the failure to file was pointed out, and the failure to file was treated seriously by the Act. The Court was required to consider relevant matters as at the hearing date, including the trustee's s 149D objection, which had automatic effect unless cancelled and was an important consideration. Accordingly, abridgment and the declaration of discharge were refused.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the trustee's costs of this application."]