Re Stephenson, William Lloyd Ex Parte Stephenson, William Lloyd v McNally, Robert & Ors [1997] FCA 225

Re Stephenson, William Lloyd Ex Parte Stephenson, William Lloyd v McNally, Robert & Ors [1997] FCA 225

Because the Trustee's objection to discharge was lodged and effective before the applicant's automatic discharge date, the statute prevented discharge and extended the bankruptcy. Any misinformation given by the Official Receiver or Insolvency and Trustee Service Australia could not estop the Trustee from relying on the statutory operation, and in any event the misinformation was not given by the Trustee. The application therefore failed, with ordinary costs following the event.

Jurisdiction
Australia
Judgment Date
04 April 1997
Procedural Posture
Bankruptcy Application / Reasons for Judgment After Hearing
Outcome
Application dismissed with costs.
Legal Topics
['discharge From Bankruptcy' 'objection to Discharge' 'statutory Extension of Bankruptcy' 'estoppel Against Operation of Statute' 'indemnity Costs']
['bankruptcy' 'insolvency' 'estoppel' 'costs'] ['discharge From Bankruptcy' 'objection to Discharge' 'statutory Extension of Bankruptcy' 'estoppel Against Operation of Statute' 'indemnity Costs']

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Procedural Posture

Bankruptcy Application / Reasons for Judgment After Hearing

Legal Issues

  1. 1 ['Whether the applicant had been discharged from bankruptcy despite the lodgment of an objection to discharge.' 'Whether misinformation from the Official Receiver or Insolvency and Trustee Service Australia gave rise to an estoppel preventing the Trustee from maintaining that the applicant had not been discharged.' 'Whether costs should be ordered on an indemnity basis.']

Ratio Decidendi

Because the Trustee's objection to discharge was lodged and effective before the applicant's automatic discharge date, the statute prevented discharge and extended the bankruptcy. Any misinformation given by the Official Receiver or Insolvency and Trustee Service Australia could not estop the Trustee from relying on the statutory operation, and in any event the misinformation was not given by the Trustee. The application therefore failed, with ordinary costs following the event.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed with costs.']