Re Skov, J. [1994] FCA 915

Re Skov, J. [1994] FCA 915

The trustee's decision to file the notice of objection to discharge was not shown to be unreasonable because the bankrupt delayed providing his statement of affairs, did not fully disclose creditors of substantial value, understated his income by about one half, and generally displayed disinterest rather than the required level of cooperation with the trustee.

Jurisdiction
Australia
Judgment Date
21 November 1994
Procedural Posture
Bankruptcy / Application for Review of Trustee's Decision to Lodge an Objection to the Bankrupt's Discharge
Outcome
Application dismissed.
Legal Topics
['objection to Discharge' 'trustee Decision Review' "bankrupt's Duty of Cooperation" 'costs']
['bankruptcy'] ['objection to Discharge' 'trustee Decision Review' "bankrupt's Duty of Cooperation" 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Bankruptcy / Application for Review of Trustee's Decision to Lodge an Objection to the Bankrupt's Discharge

Legal Issues

  1. 1 ["Whether the trustee's decision to lodge an objection to the bankrupt's discharge was shown on acceptable material to be unreasonable." "Whether the bankrupt's delay, incomplete disclosure of creditors, understatement of income, and general lack of cooperation justified the trustee's objection."]

Ratio Decidendi

The trustee's decision to file the notice of objection to discharge was not shown to be unreasonable because the bankrupt delayed providing his statement of affairs, did not fully disclose creditors of substantial value, understated his income by about one half, and generally displayed disinterest rather than the required level of cooperation with the trustee.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' "The applicant bankrupt pay the respondent trustee's costs of and incidental to the whole of the application, including the hearings with respect to each of the orders sought in paragraphs 1 and 2 of the application."]