Pignolet, M.R. v Australia & New Zealand Banking Group Ltd [1995] FCA 590

Pignolet, M.R. v Australia & New Zealand Banking Group Ltd [1995] FCA 590

Because the bankrupt filed his Statement of Affairs on 4 October 1994, it had earlier been received by the trustee on 22 December 1992, and the trustee did not oppose the proposed order, the Court abridged the 3 year period in s.149(4) of the Bankruptcy Act 1966 to 14 months and 18 days and declared the 4 October 1994 filing effective for the purposes of s.149(4).

Jurisdiction
Australia
Judgment Date
08 August 1995
Procedural Posture
Bankruptcy / Orders and Declaration Following Hearing
Outcome
Period abridged and declaration made.
Legal Topics
['discharge From Bankruptcy' 'statement of Affairs' 'abridgment of Period Under S.149(4) of the Bankruptcy Act 1966']
['bankruptcy Law'] ['discharge From Bankruptcy' 'statement of Affairs' 'abridgment of Period Under S.149(4) of the Bankruptcy Act 1966']

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Procedural Posture

Bankruptcy / Orders and Declaration Following Hearing

Legal Issues

  1. 1 ['Whether the period of 3 years referred to in s.149(4) of the Bankruptcy Act 1966 should be abridged so that the bankrupt would be discharged on the date that would have applied had the Statement of Affairs been filed on 22 December 1992.' 'Whether the filing of the Statement of Affairs on 4 October 1994 was effective for the purposes of s.149(4).']

Ratio Decidendi

Because the bankrupt filed his Statement of Affairs on 4 October 1994, it had earlier been received by the trustee on 22 December 1992, and the trustee did not oppose the proposed order, the Court abridged the 3 year period in s.149(4) of the Bankruptcy Act 1966 to 14 months and 18 days and declared the 4 October 1994 filing effective for the purposes of s.149(4).

Court Disposition

Period abridged and declaration made.

Orders

  • ['The period of 3 years referred to in s.149(4) of the Bankruptcy Act 1966 is abridged to the period of 14 months and 18 days.' 'The filing of the Statement of Affairs on 4 October 1994 was effective for the purposes of s.149(4).']