Nikoglou v Offficial Receiver in Bankruptcy [2000] FCA 8

FEDERAL COURT OF AUSTRALIA

Nikoglou v Official Receiver in Bankruptcy [2000] FCA 8 BANKRUPTCY – failure by a bankrupt to provide an original statement of affairs to a Registrar in Bankruptcy – original statement of affairs provided to the Official Receiver – whether that circumstance is an irregularity of a kind capable of being excused pursuant to s 306(1) of the Bankruptcy Act 1966 (Cth) Bankruptcy Act 1966 (Cth) ss 54, 306(1) Tsingaris v Official Receiver for the Bankruptcy District of the State of Victoria [1999] FCA 1389, followed ARISTEA NIKOGLOU v THE OFFICIAL RECEIVER IN BANKRUPTCY and THE OFFICIAL TRUSTEE IN BANKRUPTCY

V 7659 OF 1999 MARSHALL J MELBOURNE 14 JANUARY 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 7659 OF 1999

BETWEEN: ARISTEA NIKOGLOU

Applicant

AND: THE OFFICIAL RECEIVER IN BANKRUPTCY

First Respondent

THE OFFICIAL TRUSTEE IN BANKRUPTCY

Second Respondent

JUDGE: MARSHALL J

DATE OF ORDER: 13 DECEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. It is declared that the statement of affairs signed by the applicant on 6 September 1996 and received by the Official Trustee in Bankruptcy on 23 September 1996 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. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 7659 OF 1999

BETWEEN: ARISTEA NIKOGLOU

Applicant

AND: THE OFFICIAL RECEIVER IN BANKRUPTCY

First Respondent

THE OFFICIAL TRUSTEE IN BANKRUPTCY