Fitz-Gibbon, In the Matter of Fitz-Gibbon v Inspector General in Bankruptcy [2000] FCA 1677

FEDERAL COURT OF AUSTRALIA

Fitz-Gibbon, in the matter of Fitz-Gibbon v Inspector General in Bankruptcy [2000] FCA 1677 ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – jurisdiction of Federal Court –distinction between errors of law and errors of fact BANKRUPTCY – notice of objection to discharge – use of credit card without disclosing state of bankruptcy to the credit provider – whether conduct misleading under s 149D(1)(c) of the Bankruptcy Act 1966 (Cth) ("the Act") – meaning of "credit" in s 148(a) of the Act – whether the notice of objection complied with s 149C(1)(c) of the Act – where Administrative Appeal Tribunal found that the reasons given in the notice of objection justified the making of the objection – right of Administrative Appeals Tribunal to consider evidence which was not relied on by the Trustee at the time of filing the notice of objection WORDS AND PHRASES – "credit" Bankruptcy Act 1966 (Cth) ss 148, 149, 149C, 149D, s 149N Administrative Appeals Tribunal Act 1975 (Cth) s 44 U.G. Insurances Pty Ltd v Commissioner of Stamp Duties (N.S.W.) (1973) 128 CLR 353 distinguished Pinner v Everett [1969] 3 All ER 257 at 258-259 followed N.S.W. Associated Blue-Metal Quarries Ltd v FCT (1955-1956) 94 CLR 509 at 514, 524 referred to Life Insurance Co of Australia Ltd v Phillips (1925) 36 CLR 60 at 78 referred to Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 at 287 referred to Inspector-General in Bankruptcy v Nelson (1988) 86 FCR 67 followed Re Hall (1994) 14 ACSR 488 at 493 applied BTR v Westinghouse Brake & Signal Co (1992) 34 FCR 246 followed Neal v Secretary, Dept of Transport (1980) 29 ALR 350 at 354 followed Waterford v Commonwealth (1987) 163 CLR 54 at 77 referred to Craig v South Australia (1995) 184 CLR 163 at 186 referred to Collector of Customs v Agfa-Gavaert Ltd (1996) 186 CLR 389 at 394 referred to R v Deputy Industrial Injuries Commissioner; ex parte Moore [1965] 1 QB 456 at 488 referred to Minister for Immigration and Multicultural Affairs v Pochi (1980) 31 ALR 666 referred to Minister for Immigration and Multicultural Affairs v Epeabaka (1999) 84 FCR 411 referred to Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 followed Politis v FCT (1988) 16 ALD 707 [Ext] at 708 followed Re Harris; ex parte Harris & Official Trustee in Bankruptcy [1997] FCA 627 referred to Re Woodman & Inspector-General in Bankruptcy (1996) 22 AAR 508 at 524 referred to IN THE MATTER OF PETER GERALD FITZ-GIBBON PETER GERALD FITZ-GIBBON v INSPECTOR GENERAL IN BANKRUPTCY N 536 OF 2000 STONE J 24 NOVEMBER 2000 SYDNEY