Jonson v Prentice [2000] FCA 427

Jonson v Prentice [2000] FCA 427

The Court was satisfied, on Dr Jonson's evidence and supporting circumstantial evidence, that he had made out and filed his statement of affairs with the Registrar in Bankruptcy in February 1995. Because the trustee's letter stated that he received a copy on 9 February 1995, it was unlikely delivery occurred on 6 February 1995, and the Court found the filing probably occurred on 9 February 1995.

Jurisdiction
Australia
Judgment Date
29 March 2000
Procedural Posture
Bankruptcy Application for Declaration / Final Hearing of Application
Outcome
Application granted; respondents added; declaration made that the statement of affairs was filed on 9 February 1995.
Legal Topics
['statement of Affairs' 'discharge From Bankruptcy' 'joinder of Respondents']
['bankruptcy Law'] ['statement of Affairs' 'discharge From Bankruptcy' 'joinder of Respondents']

Case Brief

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Procedural Posture

Bankruptcy Application for Declaration / Final Hearing of Application

Legal Issues

  1. 1 ['Whether Keith Michael Jonson made out and filed a statement of affairs with the Registrar in Bankruptcy in February 1995.' 'Whether the filing date of the statement of affairs was 6 February 1995 or 9 February 1995.' 'Whether Maxwell William Prentice as trustee and the Official Receiver in Bankruptcy should be added as respondents.']

Ratio Decidendi

The Court was satisfied, on Dr Jonson's evidence and supporting circumstantial evidence, that he had made out and filed his statement of affairs with the Registrar in Bankruptcy in February 1995. Because the trustee's letter stated that he received a copy on 9 February 1995, it was unlikely delivery occurred on 6 February 1995, and the Court found the filing probably occurred on 9 February 1995.

Court Disposition

Application granted; respondents added; declaration made that the statement of affairs was filed on 9 February 1995.

Orders

  • ['Maxwell William Prentice as trustee of the Estate of Keith Michael Jonson be added as first respondent.' 'The Official Receiver in Bankruptcy be added as second respondent.' 'Keith Michael Jonson made out and filed in the office of the Registrar in Bankruptcy for the District of New South Wales a statement of his...