Pignolet, M.R. v Australia & New Zealand Banking Group Ltd [1995] FCA 590

IN THE FEDERAL COURT OF AUSTRALIA ) BANKRUPTCY DISTRICT OF ) THE STATE OF VICTORIA ) No VB 3080 of 1992 GENERAL DIVISION ) RE: MERVYN RAYMOND PIGNOLET Debtor EX PARTE: AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED (ACN 005 357 522) Creditor COURT: Sundberg J DATE: 8 August 1995 PLACE: Melbourne MINUTES OF ORDER The Court orders that: 1. The period of 3 years referred to in s.149(4) of the Bankruptcy Act 1966 is abridged to the period of 14 months and 18 days. And the Court makes the following declaration: 2. The filing of the Statement of Affairs on 4 October 1994 was effective for the purposes of s.149(4). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) BANKRUPTCY DISTRICT OF ) THE STATE OF VICTORIA ) No VB 3080 of 1992 GENERAL DIVISION ) RE: MERVYN RAYMOND PIGNOLET Debtor EX PARTE: AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED (ACN 005 357 522) Creditor COURT: Sundberg J DATE:8 August 1995 PLACE: Melbourne REASONS FOR JUDGMENT SUNDBERG J: When this matter was before me on 12 July 1995 I indicated that I would make an order that would have the effect that the bankrupt would be discharged on the date that would have been the date of his discharge had he filed his Statement of Affairs on 22 December 1992, the date on which it was received by the trustee. I could not then make such an order because I did not know the date on which the bankrupt in fact filed the Statement. I have now ascertained that he did this on 4 October 1994. I have also ascertained that the trustee