Rees (Trustee), in the matter of Stubberfield v Stubberfield (Bankrupt) [1999] FCA 1862

Rees (Trustee), in the matter of Stubberfield v Stubberfield (Bankrupt) [1999] FCA 1862

Because Mr Stubberfield had deliberately failed to file a statement of affairs, had no lawful excuse or valid reason for that failure on the material before the Court, and continued refusal was delaying administration and causing significant prejudice to creditors, it was appropriate to order under s 146 of the Bankruptcy Act 1966 that the trustee proceed to distribute dividends to proved creditors as if a statement of affairs had been filed.

Jurisdiction
Australia
Judgment Date
17 December 1999
Procedural Posture
Bankruptcy Application Under S 146 of the Bankruptcy Act 1966 / Application by Trustee for Order Permitting Distribution of Dividends Where Bankrupt Failed to File Statement of Affairs
Outcome
Application granted; orders made under s 146 of the Bankruptcy Act 1966 permitting distribution of dividends to proceed, with costs paid out of the bankrupt estate and liberty to apply.
Legal Topics
['trustee Application Under S 146 of the Bankruptcy Act 1966' 'failure to File Statement of Affairs' 'distribution of Dividends to Proved Creditors' 'administration of Bankrupt Estate']
['bankruptcy and Insolvency'] ['trustee Application Under S 146 of the Bankruptcy Act 1966' 'failure to File Statement of Affairs' 'distribution of Dividends to Proved Creditors' 'administration of Bankrupt Estate']

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Procedural Posture

Bankruptcy Application Under S 146 of the Bankruptcy Act 1966 / Application by Trustee for Order Permitting Distribution of Dividends Where Bankrupt Failed to File Statement of Affairs

Legal Issues

  1. 1 ['Whether the bankrupt had failed to file a statement of affairs as required by the Bankruptcy Act 1966.' 'Whether the Court should order under s 146 of the Bankruptcy Act 1966 that distribution of dividends proceed as if the bankrupt had filed a statement of affairs and the proved creditors had been stated in it.']

Ratio Decidendi

Because Mr Stubberfield had deliberately failed to file a statement of affairs, had no lawful excuse or valid reason for that failure on the material before the Court, and continued refusal was delaying administration and causing significant prejudice to creditors, it was appropriate to order under s 146 of the Bankruptcy Act 1966 that the trustee proceed to distribute dividends to proved creditors as if a statement of affairs had been filed.

Court Disposition

Application granted; orders made under s 146 of the Bankruptcy Act 1966 permitting distribution of dividends to proceed, with costs paid out of the bankrupt estate and liberty to apply.

Orders

  • ['Pursuant to s 146 of the Bankruptcy Act 1966 as amended, the distribution of dividends amongst the creditors of the bankrupt estate of John Richard Stubberfield, who have proved their debts, proceed in accordance with Division 5 of Part VI of the Bankruptcy Act, as if the bankrupt John Richard Stubberfield had...