Frost v Sheahan [2008] FCA 1073

FEDERAL COURT OF AUSTRALIA

Frost v Sheahan [2008] FCA 1073

BANKRUPTCY – objections to automatic discharge – failure to disclose particulars of income – failure to make payments – principles governing Court orders under Bankruptcy Act 1966 (Cth) s 178 – principles relating to objection provisions – failure to comply substantially with grounds of objection – liability for sum withdrawn by the bankrupt from bank account – whether separate settlement could satisfy liability – whether sum paid for a particular purpose could be used by the payee for another purpose – discretionary reasons – possibility of dividend being paid to creditors as result of separate court proceeding Held: application for withdrawal of objections dismissed Bankruptcy Act 1966 (Cth) ss 5, 33A, 81, 139P, 139Q, 139S, 139U, 139V, 139W, 139WA, 139ZG, 149, 149A, 149B, 149C, 149D, 149F, 149G, 149H, 149J, 149K, 149N, 149Q, 152, 153B, 178 Family Law Act 1975 (Cth) Federal Court Rules Ascot Investments Pty Ltd v Harper (1981) 148 CLR 337 referred to Cummings v Claremont Petroleum NL (1996) 185 CLR 124 referred to Eshelby v Federated European Bank Ltd [1932] 1 KB 254 referred to In re Condon; Ex parte James (1874) LR 9 Ch App 609 referred to Frost v Sheahan [2005] FCA 1014 referred to Inspector-General in Bankruptcy v Nelson (1998) 86 FCR 67 referred to Macchia v Nilant (2001) 110 FCR 101 referred to McGoldrick v Official Trustee in Bankruptcy (1993) 47 FCR 547 referred to Prentice v Wood (2002) 119 FCR 296 referred to Re Tyndall; Ex parte Official Receiver (1977) 30 FLR 6; 17 ALR 182 Re Clark (a bankrupt); Ex parte the trustee of the property of the bankrupt v Texaco Ltd [1975] 1 All ER 453; [1975] 1 WLR 559 referred to Stevens and Stevens [2007] FamCA 680 referred to Thomas v Donnelly [1997] FCA 1142 referred to Van Reesema v Official Trustee in Bankruptcy (1983) 69 FLR 424 Wharton v Official Receiver in Bankruptcy (2001) 107 FCR 28 ALLEN GORDON FROST v JOHN SHEAHAN, AS TRUSTEE OF THE BANKRUPT ESTATE OF ALLEN GORDON FROST SAD 128 OF 2007