Soong v Gleeson (Trustee), in the matter of Soong [2024] FCA 289

Soong v Gleeson (Trustee), in the matter of Soong [2024] FCA 289

Because the filing date of 18 June 2012 was excluded, the three year period commenced on 19 June 2012 and ended at the end of 18 June 2015; Ms Soong remained bankrupt for the whole of 18 June 2015 and her discharge took effect at the first moment of 19 June 2015. The sixth anniversary for s 129AA(3)(a) was therefore 19 June 2021, and the Trustee's 3 June 2021 notice extending revesting of the Concord Property to 19 June 2024 specified a time not more than three years after the current revesting time. The proposed appeal grounds lacked sufficient merit, so leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
27 March 2024
Procedural Posture
Application for Leave to Appeal And, If Leave Granted, Appeal in a Bankruptcy Matter / Federal Court Application for Leave to Appeal From Orders of the Federal Circuit and Family Court of Australia (div 2) Answering a Separate Question on the Validity of an Extension Notice
Outcome
Application for leave to appeal dismissed; applicant ordered to pay the respondent's costs.
Legal Topics
['discharge From Bankruptcy Under S 149 of the Bankruptcy Act 1966 (cth)' 'extension Notice Under S 129 Aa(4) of the Bankruptcy Act 1966 (cth)' 'calculation of Time Under S 36 of the Acts Interpretation Act 1900 (cth)' 'revesting Time for Property Disclosed in a Statement of Affairs']
['bankruptcy' 'insolvency' 'statutory Interpretation'] ['discharge From Bankruptcy Under S 149 of the Bankruptcy Act 1966 (cth)' 'extension Notice Under S 129 Aa(4) of the Bankruptcy Act 1966 (cth)' 'calculation of Time Under S 36 of the Acts Interpretation Act 1900 (cth)' 'revesting Time for Property Disclosed in a Statement of Affairs']

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Procedural Posture

Application for Leave to Appeal And, If Leave Granted, Appeal in a Bankruptcy Matter / Federal Court Application for Leave to Appeal From Orders of the Federal Circuit and Family Court of Australia (div 2) Answering a Separate Question on the Validity of an Extension Notice

Legal Issues

  1. 1 ['Whether Ms Soong was discharged from bankruptcy on 18 June 2015 or at the first moment of 19 June 2015 under s 149(4) of the Bankruptcy Act 1966 (Cth).' 'Whether the initial revesting time for the Concord Property under s 129AA(3)(a) of the Bankruptcy Act 1966 (Cth) was 18 June 2021 or 19 June 2021.' "Whether the Trustee's notice dated 3 June 2021 extending the revesting time to 19 June 2024 was valid under s 129AA(4) and s 129AA(6)(a) of the Bankruptcy Act 1966 (Cth)." 'Whether leave to appeal should be granted.']

Ratio Decidendi

Because the filing date of 18 June 2012 was excluded, the three year period commenced on 19 June 2012 and ended at the end of 18 June 2015; Ms Soong remained bankrupt for the whole of 18 June 2015 and her discharge took effect at the first moment of 19 June 2015. The sixth anniversary for s 129AA(3)(a) was therefore 19 June 2021, and the Trustee's 3 June 2021 notice extending revesting of the Concord Property to 19 June 2024 specified a time not more than three years after the current revesting time. The proposed appeal grounds lacked sufficient merit, so leave to appeal was refused.

Court Disposition

Application for leave to appeal dismissed; applicant ordered to pay the respondent's costs.

Orders

  • ['The application for leave to appeal filed on 22 September 2023 is dismissed.' "The applicant is to pay the respondent's costs."]