Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Thompson v Lane (Trustee) [2023] FCAFC 32 Appeal from: Thompson v Lane (Trustee) (No 3) [2022] FCA 128
File number: QUD 86 of 2022
Judgment of: CHARLESWORTH, DOWNES AND GOODMAN JJ
Date of judgment: 10 March 2023
Catchwords: BANKRUPTCY AND INSOLVENCY – appeal from refusal by primary judge to annul bankruptcy pursuant to s 153B(1) of the Bankruptcy Act 1966 (Cth) – where bankrupt lodged debtor's petition based on legal advice – where bankrupt did not demonstrate that debtor's petition ought not to have been presented or accepted – where discretion to annul bankruptcy did not arise – where bankrupt failed to comply with s 77(1)(a) Bankruptcy Act 1966 (Cth) and provide books to trustee in bankruptcy – where bankrupt failed to disclose all relevant material with respect to her financial affairs – where bankrupt unable to demonstrate appealable error in relation to finding that she was not solvent – appeal dismissed
Legislation: Bankruptcy Act 1966 (Cth) ss 5, 52, 55, 77, 153A, 153B Body Corporate and Community Management Act 1997 (Qld) Body Corporate and Community Management (Standard Module) Regulation 2008 (Qld) Uniform Civil Procedure Rules 1999 (Qld)
Cases cited: Alfio Peter Bulic v Commonwealth Bank of Australia Limited (2007) 5 ABC(NS) 122; [2007] FCA 307 Amos v Monsour Legal Costs Pty Ltd [2008] 1 Qd R 304; [2007] QCA 235 Beaman v Bond (2017) 254 FCR 480; [2017] FCAFC 142 Boensch v Somerville Legal (2021) 286 FCR 293; [2021] FCAFC 79 Clyne v Deputy Commissioner of Taxation (1984) 154 CLR 589 Corney v Brien (1951) 84 CLR 343; [1951] HCA 31 Culleton v Balwyn Nominees Pty Ltd [2017] FCAFC 8; (2017) 343 ALR 32 Flightdeck Geelong Pty Ltd v All Options Pty Ltd (2020) 280 FCR 479; [2020] FCAFC 138 Francis v Eggleston Mitchell Lawyers Pty Ltd (2014) 12 ABC(NS) 25; [2014] FCAFC 18 Heinrich v Commonwealth Bank of Australia [2003] FCAFC 315 House v The King [1936] HCA 40; (1936) 55 CLR 499 Lowbeer v De Varda (2018) 264 FCR 228; [2018] FCAFC 115 McEvoy v The Body Corporate for No 9 Port Douglas Road [2013] QCA 168 Ramsay Health Care Australia Pty Ltd v Compton (2017) 261 CLR 132; [2017] HCA 28 Re Bond; Ex parte Ramsay [1994] FCA 1052; (1994) 54 FCR 394 Re Coyle (1993) 42 FCR 72; 120 ALR 527 Re Official Trustee [1999] FCA 1755 Re Papps; Ex parte Tapp (1987) 87 FCR 524 Re Sarina; Ex parte Wollondilly Shire Council (1980) 30 ALR 266 Shaw v Yarranova Pty Ltd [2017] FCAFC 88; (2017) 252 FCR 267 Thompson v Body Corporate for Arila Lodge [2017] QDC 134 Thompson v Lane (Trustee) (No 3) [2022] FCA 128
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