Trihakis v Official Receiver (Vic) [1999] FCA 1426

Trihakis v Official Receiver (Vic) [1999] FCA 1426

On the balance of probabilities, Mr Trihakis posted the applicant's statement of affairs to the Registrar in Bankruptcy at or around the same time as his own statement of affairs, which was filed on 20 May 1996, and the applicant's statement was later forwarded in error to the trustee. There was no evidence that the Registrar did not receive it. Any possible irregularity arising from filing a copy rather than the original would be cured by s 306(1) because no injustice would result. The applicant therefore complied with s 54(1).

Jurisdiction
Australia
Judgment Date
18 October 1999
Procedural Posture
Bankruptcy Application for Declaration / Ex Tempore Reasons for Judgment
Outcome
Declaration made for the applicant.
Legal Topics
['filing Statement of Affairs' 'discharge From Bankruptcy' 'presumption of Regularity' 'formal Defect or Irregularity']
['bankruptcy'] ['filing Statement of Affairs' 'discharge From Bankruptcy' 'presumption of Regularity' 'formal Defect or Irregularity']

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Procedural Posture

Bankruptcy Application for Declaration / Ex Tempore Reasons for Judgment

Legal Issues

  1. 1 ['Whether the applicant complied with s 54(1) of the Bankruptcy Act 1966 (Cth) by filing her statement of affairs with the Registrar in Bankruptcy for the District of Victoria on 20 May 1996.' 'Whether any irregularity in filing a copy rather than an original statement of affairs could be excused under s 306(1) of the Bankruptcy Act 1966 (Cth).']

Ratio Decidendi

On the balance of probabilities, Mr Trihakis posted the applicant's statement of affairs to the Registrar in Bankruptcy at or around the same time as his own statement of affairs, which was filed on 20 May 1996, and the applicant's statement was later forwarded in error to the trustee. There was no evidence that the Registrar did not receive it. Any possible irregularity arising from filing a copy rather than the original would be cured by s 306(1) because no injustice would result. The applicant therefore complied with s 54(1).

Court Disposition

Declaration made for the applicant.

Orders

  • ['The applicant has complied with s 54(1) of the Bankruptcy Act 1966 (Cth) by filing her statement of affairs with the Registrar in Bankruptcy for the District of Victoria on 20 May 1996.']