Sweeney v Skyring [2000] FCA 1126

FEDERAL COURT OF AUSTRALIA

Sweeney v Skyring [2000] FCA 1126 BANKRUPTCY – where bankrupt fails to file statement of affairs and all reasonable steps taken by trustee to acquire statement – whether Court should order pursuant to s 146 of the Bankruptcy Act 1966 (the Act) that distribution of dividends amongst creditors who have proved their debts should proceed in accordance with Part VI Division 5 of the Act – consideration of relevance of bankrupt's contentions regarding s 36(2) of the Reserve Bank Act 1959 to the making of an order for distribution Bankruptcy Act 1966, s 146 Reserve Bank Act 1959, s 36(2) Skyring v Ramsey [2000] FCA 774 cited Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 referred to Henderson v Henderson (1843) 67 ER 313 referred to PAUL DESMOND SWEENEY v ALAN GEORGE SKYRING QG 7022 OF 1996 SPENDER J 2 AUGUST 2000 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 7022 OF 1996

BETWEEN: PAUL DESMOND SWEENEY

APPLICANT

AND: ALAN GEORGE SKYRING

RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 2 AUGUST 2000

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. Distribution of dividends amongst the creditors who have proved their debts in the estate proceed in accordance with Part VI Division 5 of the Bankruptcy Act 1966 as if the bankrupt had filed a statement of his affairs and those creditors had been stated to be creditors in it. 2. The respondent pay the applicant's costs of and incidental to the motion, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 7022 OF 1996

BETWEEN: PAUL DESMOND SWEENEY

APPLICANT

AND: ALAN GEORGE SKYRING