Re Ward, Thomas Flahive Ex Parte Bank of New Zealand [1995] FCA 885

Re Ward, Thomas Flahive Ex Parte Bank of New Zealand [1995] FCA 885

The period of bankruptcy under s.149(4) of the Bankruptcy Act 1966 can be abridged, and the filing of Statement of Affairs on 30 November 1993 is effective for its purposes, so the bankrupt will be discharged on 31 December 1995.

Jurisdiction
Australia
Judgment Date
06 November 1995
Procedural Posture
Bankruptcy / Application for Abridgement of Bankruptcy Period
Outcome
Application granted; orders made to abridge bankruptcy period and deem Statement of Affairs filing effective.
Legal Topics
['discharge of Bankrupt' 'abridgement of Bankruptcy Period' 'statement of Affairs']
['bankruptcy'] ['discharge of Bankrupt' 'abridgement of Bankruptcy Period' 'statement of Affairs']

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Procedural Posture

Bankruptcy / Application for Abridgement of Bankruptcy Period

Legal Issues

  1. 1 ['Whether the period of bankruptcy could be abridged under s.149(4) of the Bankruptcy Act 1966' 'Whether filing of Statement of Affairs on 30 November 1993 was effective for s.149(4) purposes']

Ratio Decidendi

The period of bankruptcy under s.149(4) of the Bankruptcy Act 1966 can be abridged, and the filing of Statement of Affairs on 30 November 1993 is effective for its purposes, so the bankrupt will be discharged on 31 December 1995.

Court Disposition

Application granted; orders made to abridge bankruptcy period and deem Statement of Affairs filing effective.

Orders

  • ['The period of 3 years referred to in s.149(4) of the Bankruptcy Act 1966 is abridged to two years and 31 days.' 'The filing of the Statement of Affairs on 30 November 1993 was effective for the purposes of s.149(4).']