MacDonald v Official Trustee in Bankruptcy [2001] FCA 140

FEDERAL COURT OF AUSTRALIA

MacDonald v Official Trustee in Bankruptcy [2001] FCA 140

BANKRUPTCY - considerations relevant to the exercise of discretion to annul after discharge

BANKRUPTCY - whether petition contains a sufficient statement of the nature of the act of bankruptcy within s 40(1)(g) the Bankruptcy Act 1966 (Cth) - whether petition a nullity if the statement is insufficient

BANKRUPTCY - whether s 33(1)(b) confers any power to amend petition to fully state act of bankruptcy inadequately stated - whether s 33(1)(b) permits amendment to fully state act of bankruptcy sought outside the six month period in s 44(1)(c) - consequences of failure to file with the petition an affidavit sufficient to verify the petition

Bankruptcy Act 1966 (Cth), ss 33(1)(b), 40, 44(1)(c), 47(1)(b), 52, 149D(1), 153B, 266(1), 263(A), s 275(a), 306(1) Bankruptcy Rules, r 12 and Form 5

Re Finn; Ex parte Amoco Australia Ltd (1982) 41 ALR 487 referred to Re Abrahamson; ex parte Crisp & Gunn Ltd (1978) 34 FLR 217 referred to In re Dunhill; Ex parte Dunhill [1894] 2 QB 234 referred to Deputy Commissioner of Taxation v Boxshall (1988) 19 FCR 435 referred to Matthews v Collett [2000] FCA 224 referred to Re Florance; Ex parte Turimetta Properties Pty Ltd (No 2) (1980) 39 FLR 400 referred to Bryant v Commonwealth Bank of Australia (Full Court, unreported, 24 November 1995) referred to Re Chu; Ex parte RSL Permanent Building Society Ltd (1976) 15 ALR 173 referred to In re Hastings [1985] 1 WLR 969 referred to

Atkin's Court Forms, 2nd ed, Vol 7, (Butterworths: London, 1972), p 228 NEIL ALLAN MacDONALD v OFFICIAL TRUSTEE IN BANKRUPTCY N 1141 OF 1999 DRUMMOND, WHITLAM AND RD NICHOLSON JJ SYDNEY 26 FEBRUARY 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1141 OF 1999

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA