Re Ansett, R.G. v Ex parte Ansett R.G. & Anor [1995] FCA 187

CATCHWORDS BANKRUPTCY - Notice of objection to discharge - whether notice of objection complied with Bankruptcy Act, 1966 (Cth) s 149C(1)(c) in stating reasons for objecting to discharge of bankrupt - whether notice of objection not effective for purposes of s 149 - declaration that notice of objection ineffective to prevent the discharge of the bankrupt.

Bankruptcy Act, 1966 (Cth), s 149, Part IV Division 4B. Re Hall 14 ACSR 488.

ROBERT GRAHAM ANSETT Ex Parte ROBERT GRAHAM ANSETT and PAUL ANTHONY PATTISON VB 1078 of 1990 Olney J Melbourne 31 March 1995.

IN THE FEDERAL COURT OF AUSTRALIA) GENERAL DIVISION ) BANKRUPTCY DISTRICT OF THE ) STATE OF VICTORIA ) No VB 1078 of 1990

Re: ROBERT GRAHAM ANSETT A Bankrupt Ex Parte: ROBERT GRAHAM ANSETT Applicant And: PAUL ANTHONY PATTISON (as trustee of the property of Robert Graham Ansett, a bankrupt) Respondent

Coram: Olney J Place: Melbourne Date: 31 March 1995

REASONS FOR JUDGMENT By application filed on 3 November 1994 the applicant sought a variety of orders but the only matter presently before the Court is that referred to in paragraph 5 of the application in which the applicant seeks: A declaration that the notice of objection to discharge from bankruptcy dated 10 March 1993 filed with the Registrar on that date together with the amended notice of objection to discharge from bankruptcy also dated 10 March 1993 but filed with the Registrar on 25 March 1993 by Paul Anthony Pattison are nullities and ineffective to prevent the discharge from bankruptcy of Robert Graham Ansett pursuant to section 149 of the Act. The history of the applicant's bankruptcy is long and complex but it is not necessary at this time to enter upon a close examination of all that has transpired. It is sufficient to record these facts which are not controversial: (a) The applicant became a bankrupt on his own petition on 6 July 1990; (b) The respondent was appointed the applicant's trustee in bankruptcy on 6 September 1990; (c) On 26 June 1992 the respondent entered an objection to the discharge of the bankrupt pursuant to the then current provisions of s 149(3) of the Bankruptcy Act 1966 (the Act); (d) By reason of subsequent amendments to the Act the applicant will be discharged from bankruptcy on 2 July 1995 unless the bankruptcy is extended by reason of some other provision of the Act; (e) On 27 October 1992 the respondent, acting pursuant to Division 4B of Part VI of the Act, advised the applicant that he had assessed him to be liable to pay contributions to his estate of $42,346 per annum in respect of the contribution assessment period 1 July 1992 to 30 June 1993 and directed that such sum be paid by 8 equal calendar monthly instalments of $5,293.25 commencing on 15 November 1992; (f) The applicant paid an instalment of $5,293.25 on 12 November 1992; (g) On 21 December 1992 the applicant requested the Inspector-General in Bankruptcy to review the respondent's assessment of the applicant's income and contribution; (h) On 18 February 1993 the Inspector-General set aside the respondent's assessment and assessed the applicant's contribution at $20,871.54. At the same time the Inspector-General said that the bankrupt should make arrangements with the respondent in relation to how the contribution should be paid. (i) On 2 March 1993 the respondent wrote to the applicant as follows: 2nd March 1993 Mr R.G. Ansett, 51 Wilson Street, North Carlton Vic 3053 BY FACSIMILE - 387 8450 Dear Sir, YOUR BANKRUPT ESTATE NO VB 1078 OF 1990 I have a copy of the letter dated 18th February 1993 from the Official Receiver's Office (Melbourne) to your solicitors, J.M. Smith & Emmerton. This letter sets out the amended assessment, pursuant to which you are liable to contribute the sum of $20,871.54 for the year ending 30th June 1993. I believe that the reassessment of the Inspector-General is incorrect and that it was delivered out of time. I have also complained to the Official Receiver's Office that there has been a denial of natural justice. These matters are set out in my letter of 1st March 1993 to the Official Receiver's Office, a copy of which I have sent to J.M. Smith & Emmerton. I note that, even on the basis of the amended assessment, your liability to contribute is $20,871.54. This is $1,739.30 per month. For the period 1st July 1992 to 28th February 1993 (both inclusive) your total liability to contribute, on the basis of the amended assessment, was $13,914.40. Of this sum, you have paid $5,293.25, leaving a balance outstanding of $8,621.15. I hereby demand that you pay that balance to me by 5.00pm on Friday 5th March 1993. I make this demand without prejudice to my rights generally, including my right to apply to the Administrative Appeals Tribunal to review the decision of the Inspector-General pursuant to Section 139ZF of the Bankruptcy Act 1966 and/or to assert that the decision of the Inspector-General was out of time and consequently, pursuant to sections 139ZE(6) and 139ZD(a), my original assessment stands. Yours faithfully, PAUL A. PATTISON TRUSTEE