Re Jacobs, Warren Ex Parte GEC Australia Ltd [1997] FCA 36

Re Jacobs, Warren Ex Parte GEC Australia Ltd [1997] FCA 36

The Bankrupt's delivery of his statement of affairs to the Official Receiver in the Official Receiver's capacity as trustee on 14 July 1993 was not a filing for the purpose of sub-s 149(4), and the 1996 amendment to para 54(1)(a) did not retrospectively convert that delivery into a filing. Because the failure to file in the Registrar's office within time was satisfactorily explained and the Official Trustee consented to appropriate relief, the Court enlarged the time for filing to 11 October 1996 and abridged the s 149(4) period to three days, so that the Bankrupt was discharged at the end of that period.

Jurisdiction
Australia
Judgment Date
07 February 1997
Procedural Posture
Bankruptcy / Application by the Bankrupt for Orders and Declarations Directed to Immediate Discharge From Bankruptcy
Outcome
Application granted; orders and declarations made so that the Bankrupt was discharged from bankruptcy by operation of sub-s 149(4) at the end of three days from 11 October 1996, with the Bankrupt to pay the Official Trustee's costs.
Legal Topics
['statement of Affairs Filing' 'discharge From Bankruptcy by Operation of Law' 'extension and Abridgement of Statutory Time Periods' 'effect of Bankruptcy Legislation Amendment Act 1996 on Bankruptcy Act 1966 S 54(1)(a)']
['bankruptcy Law'] ['statement of Affairs Filing' 'discharge From Bankruptcy by Operation of Law' 'extension and Abridgement of Statutory Time Periods' 'effect of Bankruptcy Legislation Amendment Act 1996 on Bankruptcy Act 1966 S 54(1)(a)']

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Procedural Posture

Bankruptcy / Application by the Bankrupt for Orders and Declarations Directed to Immediate Discharge From Bankruptcy

Legal Issues

  1. 1 ["Whether delivery of the Bankrupt's statement of affairs to the Official Receiver in his capacity as trustee on 14 July 1993 constituted a filing for the purpose of sub-s 149(4) of the Bankruptcy Act 1966." 'Whether the amendment to para 54(1)(a) by the Bankruptcy Legislation Amendment Act 1996 retrospectively caused the earlier delivery to activate the discharge period under sub-s 149(4).' 'Whether the Court should enlarge the time for filing the statement of affairs and abridge the three year period for discharge under sub-s 149(4).']

Ratio Decidendi

The Bankrupt's delivery of his statement of affairs to the Official Receiver in the Official Receiver's capacity as trustee on 14 July 1993 was not a filing for the purpose of sub-s 149(4), and the 1996 amendment to para 54(1)(a) did not retrospectively convert that delivery into a filing. Because the failure to file in the Registrar's office within time was satisfactorily explained and the Official Trustee consented to appropriate relief, the Court enlarged the time for filing to 11 October 1996 and abridged the s 149(4) period to three days, so that the Bankrupt was discharged at the end of that period.

Court Disposition

Application granted; orders and declarations made so that the Bankrupt was discharged from bankruptcy by operation of sub-s 149(4) at the end of three days from 11 October 1996, with the Bankrupt to pay the Official Trustee's costs.

Orders

  • ["The time provided by sub-s 54(1) of the Bankruptcy Act 1966 for the filing of the Bankrupt's statement of affairs be enlarged to a time expiring on 11 October 1996." 'The time provided by s 149(4) of the Bankruptcy Act 1966 be abridged to a period of three days from the date (11 October 1996) on which the Bankrupt...