Prentice v Wood [2002] FCAFC 48; [2002] FCA 214

Prentice v Wood [2002] FCAFC 48 Prentice v Wood [2002] FCA 214

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.

* All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.

* All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Prentice v Wood [2002] FCA 214

BANKRUPTCY – appeal from decision of primary judge declaring that a Notice of Objection to Discharge was invalid and of no force and effect – whether Notice of Objection complied with s 149C(1)(b) and (c) of the Bankruptcy Act 1966 (Cth) – whether Trustee provided reasons for objecting to the discharge from bankruptcy in accordance with s 149C(1)(c) – date upon which bankrupt was discharged under s 149

Bankruptcy Act 1966 (Cth) s 139P, 139S, 139ZG, 149(4), 149A, 149A(3), 149C, 149C(1), 149C(1)(b), 149C(1)(c), 149D, 149D(1), 149D(1)(f), 149F, 149F(1)(a), 149J, 149N, 149N(1)(b), 149N(1)(c), 306

Van Reesema v Official Receiver (1983) 50 ALR 253 cited Re Ansett; ex parte Ansett v Pattison (1995) 56 FCR 526 cited Re Hall [1994] 14 ACSR 488 cited Inspector-General v Nelson (1998) 86 FCR 67 cited Re Harris, ex parte Harris [1997] FCA 627 distinguished MAXWELL WILLIAM PRENTICE v RICHARD HERBERT BOYNE WOOD N 1307 OF 2001 SPENDER, HELY & CONTI JJ 8 MARCH 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA