Wilson, in the matter of Wilson v Official Trustee in Bankruptcy (No 2) [2000] FCA 1040

Wilson, in the matter of Wilson v Official Trustee in Bankruptcy (No 2) [2000] FCA 1040

The application failed because the applicants did not challenge that at least $19,329 was in fact owing, the alleged false affidavit and proof of debt were not relied on to support the admitted indebtedness and were immaterial to the s 99 question, the proof had not in fact been withdrawn, and the communications relied on did not constitute an enforceable agreement by all petitioners to withdraw the proof or acknowledge no claim.

Jurisdiction
Australia
Judgment Date
18 July 2000
Procedural Posture
Bankruptcy Application Under S 99 of the Bankruptcy Act 1966 (cth) for an Order That a Proof of Debt Be Expunged or Reduced / Hearing and Judgment on the Application
Outcome
Application dismissed with costs.
Legal Topics
['proof of Debt' 'expungement of Proof of Debt' 'admission of Debt by Trustee' 'false or Misleading Proof of Debt' 'withdrawal of Proof of Debt' 'enforceable Agreement']
['bankruptcy'] ['proof of Debt' 'expungement of Proof of Debt' 'admission of Debt by Trustee' 'false or Misleading Proof of Debt' 'withdrawal of Proof of Debt' 'enforceable Agreement']

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Procedural Posture

Bankruptcy Application Under S 99 of the Bankruptcy Act 1966 (cth) for an Order That a Proof of Debt Be Expunged or Reduced / Hearing and Judgment on the Application

Legal Issues

  1. 1 ['Whether the proof of debt admitted by the Official Trustee should be expunged or reduced under s 99 of the Bankruptcy Act 1966 (Cth).' 'Whether allegations that an affidavit of debt and proof of debt were knowingly false were material to the s 99 application where the admitted sum was not disputed as owing.' "Whether the creditors' proof of debt had been withdrawn." 'Whether communications between the bankrupts and the petitioners constituted an enforceable agreement that the petitioners had no claim in the estates.' 'Whether Donald Wiggins was properly a creditor under the bill of sale.']

Ratio Decidendi

The application failed because the applicants did not challenge that at least $19,329 was in fact owing, the alleged false affidavit and proof of debt were not relied on to support the admitted indebtedness and were immaterial to the s 99 question, the proof had not in fact been withdrawn, and the communications relied on did not constitute an enforceable agreement by all petitioners to withdraw the proof or acknowledge no claim.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' 'The applicants pay the costs of the first respondent on the basis of the first respondent submitting to such orders as the court sees fit to make other than orders as to costs.' 'The applicants pay the costs of the second respondents.']