Official Trustee in Bankruptcy, in the matter of Street v Street [2000] FCA 216

FEDERAL COURT OF AUSTRALIA

Official Trustee in Bankruptcy, in the matter of Street v Street

[2000] FCA 216

BANKRUPTCY – failure of bankrupt to file statement of affairs with Registrar – statement of affairs provided to office of Official Trustee and held by person who was agent of both the Trustee and the Official Receiver – whether an irregularity capable of being excused pursuant to s 306(1) of the Bankruptcy Act 1966 (Cth) Tsingaris v Official Receiver in Bankruptcy [1999] FCA 1389 followed Nikoglou v Official Receiver in Bankruptcy [2000] FCA 8 followed IN THE MATTER OF JUNE SHEILA STREET OFFICIAL TRUSTEE IN BANKRUPTCY v JUNE SHEILA STREET N 8249 OF 1999 IN THE MATTER OF COLLEEN MAY HALLS OFFICIAL TRUSTEE IN BANKRUPTCY v COLLEEN MAY HALLS N 8251 OF 1999 IN THE MATTER OF FRANCIS TERENCE HALLS OFFICIAL TRUSTEE IN BANKRUPTCY v FRANCIS TERENCE HALLS N 8252 OF 1999 IN THE MATTER OF SIMONE ALICIA HALLS OFFICIAL TRUSTEE IN BANKRUPTCY v SIMONE ALICIA HALLS N 8254 OF 1999 IN THE MATTER OF STANLEY STREET OFFICIAL TRUSTEE IN BANKRUPTCY v STANLEY STREET N 8255 OF 1999 SACKVILLE J 1 MARCH 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 8249 OF 1999 IN THE MATTER OF JUNE SHEILA STREET BETWEEN: OFFICIAL TRUSTEE IN BANKRUPTCY

APPLICANT

AND: JUNE SHEILA STREET

RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 1 MARCH 2000

WHERE MADE: SYDNEY

THE COURT DECLARES THAT: The statement of affairs signed by the respondent on 8 September 1995, and which was held by or on behalf of the Official Receiver on 16 December 1996, be taken to have been filed with the Official Receiver on that date in compliance with the requirements of s 54(1) of the Bankruptcy Act 1966 (Cth).

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.