Tsingaris v Official Receiver for the Bankruptcy District of the State of Victoria [1999] FCA 1389

FEDERAL COURT OF AUSTRALIA

Tsingaris v Official Receiver for the Bankruptcy District of the State of Victoria [1999] FCA 1389 BANKRUPTCY – requirement that bankrupt file original statement of affairs with Registrar in Bankruptcy – whether requirement met by filing of copy – whether requirement met by filing copy with Official Receiver shortly before Bankruptcy Act 1966 (Cth) amended to substitute Official Receiver for Registrar in Bankruptcy – application of s 306(1) of the Act. Bankruptcy Act 1966 (Cth) ss 30(1)(b), 33(1)(c), 54(1) and 306(1) Sofia v Pattison (unreported, Federal Court, 20 October 1997) at 4-5 applied Nilant v Macchia (1997) 78 FCR 419 considered Rosenfeldt v Official Trustee in Bankruptcy (1997) 79 FCR 340 distinguished Van-Minnen; ex parte Harrison [1999] FCA 43 distinguished

JOHN TSINGARIS v THE OFFICIAL RECEIVER FOR THE BANKRUPTCY DISTRICT OF THE STATE OF VICTORIA & ANOR

V 7541 of 1999 WEINBERG J 1 OCTOBER 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 7541 OF 1999

BETWEEN: JOHN TSINGARIS

Applicant

AND: THE OFFICIAL RECEIVER FOR THE BANKRUPTCY DISTRICT OF THE STATE OF VICTORIA

First Respondent

OFFICIAL TRUSTEE IN BANKRUPTCY

Second Respondent

JUDGE: WEINBERG J

DATE OF ORDER: 1 OCTOBER 1999

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. Declare that the copy of the statement of affairs signed by the applicant on 27 November 1996, and furnished by him on that date to the Official Trustee in Bankruptcy, be deemed to have been filed in the office of the Official Receiver on 16 December 1996, in compliance with the requirements of s 54(1) of the Bankruptcy Act 1966 (Cth). 2. The applicant pay the costs of each of the respondents to this application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.