Federal Court of Australia
° NOT FOR DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
) ) EXERCISING FEDERAL JURISDICTION ) No. 125 of 1987 ) )
IN BANKRUPTCY
BANKRUPTCY DISTRICT OF THE STATE OF VICTORIA
RE: JOHN _R. HASSARD A Bankrupt
COURT: NORTHROP J.
DATE: 29 APRIL 1987 PLACE: MELBOURNE
EX TEMPORE REASONS FOR JUDGMENT
I propose to grant the application for an order annulling the bankruptcy but, in so doing, make the comment that the matter has been presented in a most unsatisfactory manner by the solicitor acting for the bankrupt. In the first place, there was no affidavit in support of the application under paragraph 154(1)(b) of the Bankruptcy Act 1966 as is required by rule 103 of the Bankruptcy Rules and there was no evidence at all that the debts of the bankrupt have been paid in "full. Under normal circumstances an application like this, on coming before the Court, would be dismissed. I make no comment on whether the bankrupt would.
Vb be \ — have any cause of action based on negligence of his soliéitor ~
f f
for any damages resulting from the dismissal of "such. an —
application. In the circumstances, I am prepared to aacept ,
\ FUL '
Yo. " ' . at . i Ma =u - -ON Rees wa a
the report of the Official Trustee as disclosing the material upon which the application is based but even here the report draws attention to two particular matters; one, that a debt owing as at the date of bankruptcy was not disclosed by the bankrupt being a debt in the sum of $2,567 owing to A.C.I.
Australia Limited trading as Stegbar. The report goes on and
Says:-
"T understand that evidence that the debt has been settled will be produced at the hearing."
Further, the report contains a paragraph as follows:-
"The conduct of the bankrupt since date of bankruptcy has not been entirely satisfactory. He
should explain to the Court why he omitted to disclose in his Statement of Affairs a provable debt of $2,567."
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