Health Insurance Commission v Trustee in Bankruptcy of the Estate of Ioakim Alekozoglou [2003] FCA 848

FEDERAL COURT OF AUSTRALIA

Health Insurance Commission v Trustee in Bankruptcy of the Estate of Ioakim Alekozoglou [2003] FCA 848 BANKRUPTCY – whether proof of debt in bankruptcy wrongly admitted by trustee –whether withdrawal of proof of debt under s178 of the Bankruptcy Act 1966 (Cth) would be just and equitable – power to expunge proof of debt under s99 of the Bankruptcy Act – whether debt a "contingent" debt Bankruptcy Act 1966 (Cth) ss 82, 99, 102(1), 104(1), 153(1) and 178, Health Insurance Act 1973 (Cth)ss 106L, 106Q(1), 106S, 106T, 106U, 129AD In re Holcombe (1888) 4 WN(NSW) 129, referred to

Commissioner of Taxation v Jones (1999) 86 FCR 282, applied

Jones v Deputy Commissioner of Taxation (1998) 157 ALR 349, referred to

Lyford v Carey (1985) 3 ACLC 515, referred to

Gaffney v Commissioner of Taxation (1998) 81 FCR 574, referred to

Lofthouse v Commissioner of Taxation [2001] VSC 326, referred to

Re Kavich; Kavich v Official Trustee in Bankruptcy (1995) 58 FCR 82, referred to

HEALTH INSURANCE COMMISSION -v- TRUSTEE IN BANKRUPTCY OF THE ESTATE OF IOAKIM ALEKOZOGLOU and IOAKIM ALEKOZOGLOU V7039 OF 2002 MARSHALL J 13 AUGUST 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V7039 OF 2002

BETWEEN: HEALTH INSURANCE COMMISSION

APPLICANT

AND: TRUSTEE IN BANKRUPTCY OF THE ESTATE OF IOAKIM ALEKOZOGLOU

FIRST RESPONDENT

IOAKIM ALEKOZOGLOU

SECOND RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 13 AUGUST 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Pursuant to s 99(1) of the Bankruptcy Act 1966 (Cth), the proof of debt provided by the applicant which was admitted by the first respondent as a provable debt in the bankruptcy of the second respondent, be expunged.

2. The application otherwise be dismissed.