Lelleton v White [2009] FCA 1165

Lelleton v White [2009] FCA 1165

The applicant complied with s 54(1)(a) by posting his Statement of Affairs to the Registrar; filing is deemed to have occurred two business days after posting, and discharge from bankruptcy occurred three years from that date pursuant to s 149(4).

Jurisdiction
Australia
Judgment Date
12 October 2009
Procedural Posture
Bankruptcy Application / Declaration Regarding Discharge and Compliance With Statutory Requirements
Outcome
Declarations made in favour of the applicant.
Legal Topics
['statement of Affairs Filing' 'discharge From Bankruptcy']
['bankruptcy'] ['statement of Affairs Filing' 'discharge From Bankruptcy']

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Procedural Posture

Bankruptcy Application / Declaration Regarding Discharge and Compliance With Statutory Requirements

Legal Issues

  1. 1 ['Whether the applicant filed a Statement of Affairs pursuant to s 54(1)(a) of the Bankruptcy Act 1966 (Cth)' 'Whether the applicant was discharged from bankruptcy pursuant to s 149(4) of the Bankruptcy Act 1966 (Cth)']

Ratio Decidendi

The applicant complied with s 54(1)(a) by posting his Statement of Affairs to the Registrar; filing is deemed to have occurred two business days after posting, and discharge from bankruptcy occurred three years from that date pursuant to s 149(4).

Court Disposition

Declarations made in favour of the applicant.

Orders

  • ['The applicant complied with s 54(1)(a) of the Bankruptcy Act 1966 (Cth) by filing his Statement of Affairs with the Registrar in Bankruptcy for the District of Victoria on 21 April 1995.' 'The applicant was discharged from bankruptcy on 21 April 1998.']