Daevys v Official Trustee in Bankruptcy; In the Matter of Daevys [2011] FCA 398

Daevys v Official Trustee in Bankruptcy; In the Matter of Daevys [2011] FCA 398

Although time was extended so that the 21 day period under s 104(3) commenced on 20 January 2011, Mr Daevys filed no evidence establishing that any admitted proof of debt had been paid, resolved, or wrongly admitted. The admitted proofs substantially corresponded with his own Statement of Affairs and were supported by creditors' proofs of debt. There was therefore no factual basis to reach a conclusion different from the Trustee's decisions, and each proof of debt was properly admitted.

Jurisdiction
Australia
Judgment Date
20 April 2011
Procedural Posture
Bankruptcy Application for Review of Trustee's Decisions Admitting Proofs of Debt Under S 104 of the Bankruptcy Act 1966 (cth) / Hearing of Application Filed on 10 February 2011
Outcome
Application dismissed; extension of time granted for the application to be made.
Legal Topics
['proofs of Debt' "review of Trustee's Decision" 'extension of Time' 'discharge From Bankruptcy' 'onus on Applicant' 're Hearing']
['bankruptcy' 'practice and Procedure'] ['proofs of Debt' "review of Trustee's Decision" 'extension of Time' 'discharge From Bankruptcy' 'onus on Applicant' 're Hearing']

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Procedural Posture

Bankruptcy Application for Review of Trustee's Decisions Admitting Proofs of Debt Under S 104 of the Bankruptcy Act 1966 (cth) / Hearing of Application Filed on 10 February 2011

Legal Issues

  1. 1 ['Whether time should be extended under s 104(3) of the Bankruptcy Act 1966 (Cth) so the application for review could be heard.' "Whether the trustee's decisions admitting the proofs of debt should be confirmed, reversed or varied." 'Whether the applicant established any basis to question the admission of the proofs of debt.']

Ratio Decidendi

Although time was extended so that the 21 day period under s 104(3) commenced on 20 January 2011, Mr Daevys filed no evidence establishing that any admitted proof of debt had been paid, resolved, or wrongly admitted. The admitted proofs substantially corresponded with his own Statement of Affairs and were supported by creditors' proofs of debt. There was therefore no factual basis to reach a conclusion different from the Trustee's decisions, and each proof of debt was properly admitted.

Court Disposition

Application dismissed; extension of time granted for the application to be made.

Orders

  • ['Pursuant to s 104(3) of the Bankruptcy Act 1966 (Cth) the time within which an application may be made is extended such that the 21 day period there prescribed is to commence on 20 January 2011.' 'The Application as filed on 10 February 2011 is dismissed.' "The Respondent Trustee's costs be costs in the...