Wangman v Official Receiver, Insolvency & Trustee Service Australia [2006] FCA 202

FEDERAL COURT OF AUSTRALIA

Wangman v Official Receiver, Insolvency & Trustee Service Australia [2006] FCA 202

BANKRUPTCY – statement of affairs – requirements of s 54(1) Bankruptcy Act 1966 (Cth) – whether statement of affairs should be treated as being filed at a time earlier than it was actually filed – s 33A Bankruptcy Act 1966 (Cth) – whether defects in statement of affairs such that document not a 'statement of affairs' for purposes of either s 54(1) or s 33A Bankruptcy Act 1966 (Cth)

Bankruptcy Act 1966 (Cth) Chronis v DS Queen Street Mall Pty Ltd [2004] FMCA 1107 House v R (1936) 55 CLR 499 Nilant v Macchia (2000) 104 FCR 238, 178 ALR 371 Sobey v Duncan [2005] FMCA 1170 LINDSAY JOHN WANGMAN v OFFICIAL RECEIVER, INSOLVENCY & TRUSTEE SERVICE AUSTRALIA QUD 113 OF 2005 COLLIER J 15 MARCH 2006 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 113 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: LINDSAY JOHN WANGMAN

APPELLANT

AND: OFFICIAL RECEIVER, INSOLVENCY AND TRUSTEE SERVICE AUSTRALIA

RESPONDENT

JUDGE: COLLIER J

DATE OF ORDER: 15 MARCH 2006

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The appellant pay the respondent's costs of the appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 113 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: LINDSAY JOHN WANGMAN

APPELLANT

AND: OFFICIAL RECEIVER, INSOLVENCY AND TRUSTEE SERVICE AUSTRALIA

RESPONDENT

JUDGE: COLLIER J

DATE: 15 MARCH 2006

PLACE: BRISBANE

REASONS FOR JUDGMENT 1 This is an appeal from the judgment of Jarrett FM (Wangman v Official Receiver [2005] FMCA 504), delivered 18 April 2005, wherein the learned Magistrate dismissed an application for orders that the statement of affairs of the appellant ('the appellant') filed on 2 February 2005 be backdated to 1998, and the Court discharge him from bankruptcy forthwith. 2 The Federal Court of Australia ('the Federal Court') has jurisdiction to hear appeals from decisions of the Federal Magistrates Court exercising original jurisdiction under the Bankruptcy Act 1966 (Cth) ('Bankruptcy Act'): s 24(1)(d) Federal Court of Australia Act 1976 (Cth) ('Federal Court Act'). The appellate jurisdiction of the Federal Court is exercised by a Full Court unless the Chief Justice considers it is appropriate for the appellate jurisdiction of the Federal Court in relation to the appeal to be exercised by a single judge: s 25(1) and s (1A) Federal Court Act. The Chief Justice has directed that this appeal be heard by a single judge. 3 Appeals from Federal Magistrates are appeals by way of rehearing: Low v Commonwealth [2001] FCA 702 at [3]; WAJR v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 204 ALR 624 at 628; George v Deputy Commissioner of Taxation [2004] FCA 1433 at [11]. Accordingly, the parties are able to supplement the evidence before the Court by seeking to adduce additional material which may be admitted into evidence: Low v Commonwealth supra.