Rambaldi v Thake [2007] FCA 847

FEDERAL COURT OF AUSTRALIA

Rambaldi v Thake [2007] FCA 847 GESS MICHAEL RAMBALDI v GEOFFREY FRANCIS THAKE VID 204 OF 2007

GORDON J

23 APRIL 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 204 OF 2007

BETWEEN: GESS MICHAEL RAMBALDI

Applicant

AND: GEOFFREY FRANCIS THAKE

Respondent

JUDGE: GORDON J DATE OF ORDER: 23 APRIL 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Pursuant to section 146 of the Bankruptcy Act 1966 (Cth) ("the Act"), the applicant have leave to distribute an interim dividend amongst the creditors who have proved their debts in the bankrupt estate of Geoffrey Francis Thake ("the bankrupt"), namely RACV Finance - $11,341.45, and Credit Corp Services Proprietary Limited - $6070.14, in accordance with Part VI, Division 5 of the Act, as if the bankrupt had filed a statement of affairs and those creditors had been stated to be creditors in it. 2. The applicant shall not be required to publish any further advertisement giving notice of intention to declare the dividend in the bankrupt estate of the bankrupt referred to in paragraph (1) hereof. 3. The costs of and incidental to this application be made out of the estate of the bankrupt. 4. The application filed 14 March 2007 be adjourned to 9.30 am on 29 June 2007 to enable the Deputy Commissioner of Taxation to determine whether he or she is a creditor of the bankrupt estate of the bankrupt. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 204 OF 2007

BETWEEN: GESS MICHAEL RAMBALDI

Applicant

AND: GEOFFREY FRANCIS THAKE

Respondent

JUDGE: GORDON J

DATE: 23 APRIL 2007

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 This is an application by Gess Michael Rambaldi ('the trustee'), the trustee of the bankrupt estate of Geoffrey Francis Thake ('the bankrupt'), pursuant to section 146 of the Bankruptcy Act 1966 (Cth). Section 146 provides: Where a bankrupt has failed to file a statement of his or her affairs, as required by this Act, the court may, on the application of the trustee, upon such terms as it thinks fit, order that distribution of dividends amongst the creditors who have proved their debts shall proceed in accordance with this division as if the bankrupt had filed a statement of his or her affairs and those creditors had been stated to be creditors in it. 2 The trustee, Mr Rambaldi, contended that it would be appropriate to proceed with an interim dividend, notwithstanding that the bankrupt had failed to file a statement of affairs. The application was supported by an affidavit sworn by the trustee on 6 March 2007. The affidavit evidence was not contradicted by the bankrupt.