Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cincotta v Jones [2002] FCA 937
NORMAN JAMES CINCOTTA v MICHAEL JONES & ANOR N7171 of 2002
MADGWICK J 16 JULY 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N7171 of 2002
BETWEEN: NORMAN JAMES CINCOTTA
APPLICANT
AND: MICHAEL JONES
FIRST RESPONDENT
INSOLVENCY AND TRUSTEE SERVICE OF AUSTRALIA
SECOND RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 16 JULY 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The applicant's statement of affairs be deemed to have been duly filed in accordance with the Bankruptcy Act 1966 (Cth) no later than 30 August 1995. 2. The applicant was discharged from bankruptcy on 1 September 1998. 3. 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
NEW SOUTH WALES DISTRICT REGISTRY N7171 of 2002
BETWEEN: NORMAN JAMES CINCOTTA
APPLICANT
AND: MICHAEL JONES
FIRST RESPONDENT
INSOLVENCY AND TRUSTEE SERVICE OF AUSTRALIA
SECOND RESPONDENT
JUDGE: MADGWICK J
DATE: 16 JULY 2002
PLACE: SYDNEY
REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 Brownlee v Manteit [2000] FCA 1937, which I never thought would have any value as a precedent, concerned a bankrupt who had failed to file her statement of affairs with the Registrar of the Court as the Bankruptcy Act 1966 (Cth) ("the Act") required. In the circumstances of that case, I found that the filing of such a statement of affairs was a proceeding and it was not invalidated by that irregularity. In that matter, which is relevant to these proceedings, I said: "I might add that the first respondent would appear to misconceive his responsibilities as a trustee which are not to stay quiet and refuse to assist the court simply because the money in the estate has run out." 2 On this occasion, the applicant bankrupt, Mr Cincotta, says that he delivered a statement of affairs to the Office of the Trustee in July or August 1995 following a sequestration order earlier that year. There is no money in the estate. The trustee has been more helpful than in Brownlee and has told the Court in effect that there is no record of his having received the statement. It appears that a couple of months prior to the time when the
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