Official Trustee in Bankruptcy v Arundell [2005] FCA 1286

FEDERAL COURT OF AUSTRALIA

Official Trustee in Bankruptcy v Arundell [2005] FCA 1286 OFFICIAL TRUSTEE IN BANKRUPTCY v WILLIAM NORMAN ARUNDELL NSD1142 of 2005 EMMETT J 5 SEPTEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1142 of 2005

BETWEEN: OFFICIAL TRUSTEE IN BANKRUPTCY

APPLICANT

AND: WILLIAM NORMAN ARUNDELL

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 5 SEPTEMBER 2005

WHERE MADE: SYDNEY

THE COURT:

1. Notes the undertaking given to the Court by Mr Ben Macausley in the form initialled by Emmett J.

2. Orders that the application of 2 September 2005 be dismissed.

3. Orders that Order 2 be stayed up to and including 4:15pm on 6 September 2005

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 NSD1142 of 2005

BETWEEN: OFFICIAL TRUSTEE IN BANKRUPTCY

APPLICANT

AND: WILLIAM NORMAN ARUNDELL

RESPONDENT

JUDGE: EMMETT J

DATE: 5 SEPTEMBER 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 On 11 July 2005, the Official Trustee in Bankruptcy applied to a Registrar of this Court for the issue of summons under s 81 of the Bankruptcy Act 1974 (Cth) ('the Act') for the examination of the bankrupt. The solicitors for the Official Trustee were Swaab Attorneys. The application was lodged in circumstances where the question of discharge of the bankrupt from bankruptcy was in dispute. In the ordinary course, the bankrupt would have been discharged automatically from bankruptcy after 20 February 2005, a sequestration order having been made on 20 February 2002, when a debtor's petition was presented. However, because of a failure on the part of the debtor to respond to a request made by the bankrupt's Trustee in Bankruptcy, on 1 February 2005, for further information, the Official Trustee objected to discharge. The objection had the effect of extending the term of the bankruptcy to 20 February 2010. 2 The three grounds of objection were as follows: 1. The bankrupt, when requested in writing by the Trustee to provide written information about the bankrupt's property, income or expected income, failed to comply with the request. 2. The bankrupt intentionally failed to disclose to the Trustee a liability of the bankrupt that existed at the date of the bankruptcy. 3. The bankrupt has failed, whether intentionally or not, to disclose to the Trustee a liability to the bankrupt that existed at the date of the bankruptcy.