Re David Brian Sorensen & Anor v. Ex Parte W.C. Pronger & Sons Ltd [1985] FCA 70

Re David Brian Sorensen & Anor v. Ex Parte W.C. Pronger & Sons Ltd [1985] FCA 70

Although there was a technical failure to submit separate statements of affairs for each debtor, the omission did not mislead creditors nor affect the proper administration of the estate. Therefore, in exercise of the court's discretion, the application to declare the deeds void was dismissed.

Parties
Applicant: W.C. Pronger & Sons Ltd; Debtor/respondent: David Brian Sorensen; Debtor/respondent: Jennifer Louise Crabb; Trustee: Peter Hoyt Chave Commins
Jurisdiction
Australia
Judgment Date
08 March 1985
Procedural Posture
Application for Declarations (bankruptcy) / Final Judgment/decision
Outcome
application dismissed
Legal Topics
Deeds of Assignment, Statement of Affairs, Part X Arrangements, Discretion to Void Deeds
Bankruptcy Deeds of Assignment Statement of Affairs Part X Arrangements Discretion to Void Deeds

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Parties

W.C. Pronger & Sons Ltd

Applicant

David Brian Sorensen

Debtor/respondent

Jennifer Louise Crabb

Debtor/respondent

Peter Hoyt Chave Commins

Trustee

Procedural Posture

Application for Declarations (bankruptcy) / Final Judgment/decision

Legal Issues

  1. 1 Whether the deeds of assignment are void for failure to submit separate statements of affairs by joint debtors as required under Bankruptcy Act 1966 s.195(1A) and Rule 100E
  2. 2 Whether the court should exercise its discretion under s.222(2) of the Bankruptcy Act 1966 to declare the deeds void

Ratio Decidendi

Although there was a technical failure to submit separate statements of affairs for each debtor, the omission did not mislead creditors nor affect the proper administration of the estate. Therefore, in exercise of the court's discretion, the application to declare the deeds void was dismissed.

Court Disposition

application dismissed

Orders

  • The application be dismissed.
  • There be no order as to costs.