Sweeney v Skyring [2000] FCA 1126

Sweeney v Skyring [2000] FCA 1126

Because Mr Skyring had failed and persistently refused to provide a statement of affairs or otherwise co-operate, the trustee had taken all reasonable steps to obtain the statement and ascertain the bankrupt's affairs, creditors had proved debts, and assets sufficient for a dividend had been realised, it was in the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 August 2000
Procedural Posture
Bankruptcy Application Under S 146 of the Bankruptcy Act 1966 / Notice of Motion for Order Permitting Distribution of Dividends Without a Statement of Affairs
Outcome
Application granted; orders made under s 146 of the Bankruptcy Act 1966 and costs ordered against the respondent.
Legal Topics
['failure by Bankrupt to File Statement of Affairs' 'distribution of Dividends to Proved Creditors' "trustee's Administration of Bankrupt Estate" 'relevance of Reserve Bank Act 1959, S 36(2) Arguments' 'anshun Principle']
['bankruptcy' 'civil Procedure'] ['failure by Bankrupt to File Statement of Affairs' 'distribution of Dividends to Proved Creditors' "trustee's Administration of Bankrupt Estate" 'relevance of Reserve Bank Act 1959, S 36(2) Arguments' 'anshun Principle']

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Procedural Posture

Bankruptcy Application Under S 146 of the Bankruptcy Act 1966 / Notice of Motion for Order Permitting Distribution of Dividends Without a Statement of Affairs

Legal Issues

  1. 1 ['Whether, where the bankrupt failed to file a statement of affairs and the trustee had taken all reasonable steps to obtain one, the Court should order under s 146 of the Bankruptcy Act 1966 that distribution of dividends to creditors who proved their debts proceed in accordance with Part VI Division 5.' "Whether the respondent's contentions concerning s 36(2) of the Reserve Bank Act 1959 were material to the making of the s 146 order."]

Ratio Decidendi

Because Mr Skyring had failed and persistently refused to provide a statement of affairs or otherwise co-operate, the trustee had taken all reasonable steps to obtain the statement and ascertain the bankrupt's affairs, creditors had proved debts, and assets sufficient for a dividend had been realised, it was in the interests of creditors and the public interest that distribution not be further delayed. Mr Skyring's s 36(2) arguments were not germane to the s 146 motion. The Court therefore ordered distribution of dividends under Part VI Division 5 as if a statement of affairs had been filed.

Court Disposition

Application granted; orders made under s 146 of the Bankruptcy Act 1966 and costs ordered against the respondent.

Orders

  • ['Distribution of dividends amongst the creditors who have proved their debts in the estate proceed in accordance with Part VI Division 5 of the Bankruptcy Act 1966 as if the bankrupt had filed a statement of his affairs and those creditors had been stated to be creditors in it.' "The respondent pay the applicant's...