Puels v Exelerate Funding Pty Limited [2005] FCAFC 38

FEDERAL COURT OF AUSTRALIA

Puels v Exelerate Funding Pty Limited [2005] FCAFC 38

BANKRUPTCY – act of bankruptcy – whether appellant 'absented himself' – section 40(1)(c)(iii) of Bankruptcy Act 1966 (Cth) (the Act) – whether section 40 of the Act requires debtor to make him or herself impossible in a practical sense to locate – abrupt departure from meeting with respondent creditor – where appellant failed to respond to attempts to contact him – where appellant had previously advised respondent of new residential address – appellant subsequently informed respondent that he did not know where he was living – whether representation that appellant did not know where he was living sufficient to mislead respondent as to his whereabouts – appellant refused to give address – whether provision of electronic and telegraphic addresses by appellant sufficient.

Bankruptcy Act 1966 (Cth), s 40(1)(c)

Barton v Deputy Federal Commissioner of Taxation (1974) 131 CLR 370 cited Re Smith: ex parte Kern Corporation Ltd (unreported, Federal Court, 19 June 1985, Pincus J) cited Re Vassis; ex parte Leung (1986) 9 FCR 518 cited Re A Debtor [1952] 1 All ER 519 cited Commercial Union Assurance Co of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 applied R v GEC (2001) 3 VR 334 cited In re Alice Alderson; Ex parte Jackson [1895] 1 QB 183 referred to Russell v Bell [1842] 152 ER 500 cited Edge Technology Pty Ltd v Wang [2000] FCA 1586 explained In Re Walshe [1922] VLR 153 distinguished RUPERT EDGERTON PUELS v EXELERATE FUNDING PTY LIMITED N1047 of 2004 WEINBERG, JACOBSON AND LANDER JJ 15 MARCH 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1047 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: RUPERT EDGERTON PUELS

APPELLANT