Bond, Alan v Rozenes, Michael [1996] FCA 557

Bond, Alan v Rozenes, Michael [1996] FCA 557

Section 275 of the Bankruptcy Act 1966 authorises prosecution for bankruptcy offences even after annulment of bankruptcy; annulment does not expunge the status of bankruptcy for these purposes, and does not prevent investigation or prosecution for offences allegedly committed whilst bankrupt.

Jurisdiction
Australia
Judgment Date
13 June 1996
Procedural Posture
Appeal / Judgment on Appeal From a Judge of the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['bankruptcy Offences' 'annulment of Bankruptcy' 'judicial Review' 'mutual Assistance in Criminal Matters' 'ultra Vires and Abuse of Power']
['bankruptcy' 'administrative Law'] ['bankruptcy Offences' 'annulment of Bankruptcy' 'judicial Review' 'mutual Assistance in Criminal Matters' 'ultra Vires and Abuse of Power']

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Procedural Posture

Appeal / Judgment on Appeal From a Judge of the Federal Court of Australia

Legal Issues

  1. 1 ['Whether continuation of an investigation into alleged bankruptcy offences is lawful after the annulment of bankruptcy' 'Whether s275 of the Bankruptcy Act 1966 permits prosecution for offences despite annulment of bankruptcy' 'Whether request for assistance to foreign authorities was ultra vires or unauthorised']

Ratio Decidendi

Section 275 of the Bankruptcy Act 1966 authorises prosecution for bankruptcy offences even after annulment of bankruptcy; annulment does not expunge the status of bankruptcy for these purposes, and does not prevent investigation or prosecution for offences allegedly committed whilst bankrupt.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed with costs.']