Frost v Sheahan (Trustee) [2009] FCAFC 20

FEDERAL COURT OF AUSTRALIA

Frost v Sheahan (Trustee) [2009] FCAFC 20 BANKRUPTCY – appeal – exercise of Court's discretion under Bankruptcy Act 1966 (Cth) s 178 – notices of objection to automatic discharge from bankruptcy – power to make such order as court thinks just and equitable – whether primary judge erred in not ordering withdrawal of the notices of objection – substantial compliance with bankrupt's obligation to provide particulars of income – other discretionary factors Held: appeal dismissed

Bankruptcy Act 1966 (Cth)

Frost v Sheahan (2005) 220 ALR 733; [2005] FCA 1014 Frost v Sheahan (2008) 249 ALR 538; [2008] FCA 1073 House v The King (1936) 55 CLR 499 Macchia v Nilant 110 FCR 101; [2001] FCA 7 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Re Asset Risk Management and Others (1995)130 ALR 605 Re Tyndall; Ex parte Official Receiver (1977) 30 FLR 6; 17 ALR 182; [1977] FCA 15 ALLEN GORDON FROST v JOHN SHEAHAN AS TRUSTEE OF THE BANKRUPT ESTATE OF ALLEN GORDON FROST

SAD 126 of 2008

RYAN, MANSFIELD AND JAGOT JJ

27 february 2009

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA SAD 126 of 2008

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ALLEN GORDON FROST

Appellant

AND: JOHN SHEAHAN AS TRUSTEE OF THE BANKRUPT ESTATE OF ALLEN GORDON FROST

Respondent

JUDGES: RYAN, MANSFIELD AND JAGOT JJ

DATE OF ORDER: 27 FEBRUARY 2009

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. The appellant is to pay the respondent's costs of the appeal as agreed or taxed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA