Goddard, Re I.G. Ex Parte The Bankrupt [1986] FCA 525

Goddard, Re I.G. Ex Parte The Bankrupt [1986] FCA 525

The bankruptcy constituted by acceptance of the debtor's petition on 16 March 1982 was invalidly accepted due to non-compliance with s.55(4A), and accordingly ought to be annulled under s.154(1). The applicant is thereby deemed to have been discharged on 27 May 1985, the date when the objections to discharge were withdrawn.

Parties
Applicant / Bankrupt: Ian Geoffrey Goddard; Trustee: D.W. Knight; Trustee: J.W. Ahern
Jurisdiction
Australia
Judgment Date
14 November 1986
Procedural Posture
Bankruptcy Application / Application for Annulment and Discharge
Outcome
bankruptcy annulled; declaration of discharge
Legal Topics
Debtor's Petition, Sequestration Order, Annulment, Discharge From Bankruptcy, Registrar's Powers
Bankruptcy Debtor's Petition Sequestration Order Annulment Discharge From Bankruptcy Registrar's Powers

Case Brief

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Parties

Ian Geoffrey Goddard

Applicant / Bankrupt

D.W. Knight

Trustee

J.W. Ahern

Trustee

Procedural Posture

Bankruptcy Application / Application for Annulment and Discharge

Legal Issues

  1. 1 Effect of erroneous acceptance of debtor's petition
  2. 2 Whether annulment deems discharge
  3. 3 Registrar's power under s.55(4A) Bankruptcy Act

Ratio Decidendi

The bankruptcy constituted by acceptance of the debtor's petition on 16 March 1982 was invalidly accepted due to non-compliance with s.55(4A), and accordingly ought to be annulled under s.154(1). The applicant is thereby deemed to have been discharged on 27 May 1985, the date when the objections to discharge were withdrawn.

Court Disposition

bankruptcy annulled; declaration of discharge

Orders

  • The bankruptcy constituted by acceptance of the debtor's petition on 16 March 1982 be annulled.
  • It be declared that the applicant Mr. Goddard is deemed to have been discharged on 27 May 1985 and that he is no longer a bankrupt.