Harrison v Tsamasis [2008] FCA 1313

FEDERAL COURT OF AUSTRALIA

Harrison v Tsamasis [2008] FCA 1313

BANKRUPTCY – failure of bankrupt to provide statement of affairs – trustee in bankruptcy had made repeated unsuccessful attempts to contact bankrupt – bankrupt's total lack of interest in her own bankruptcy – application pursuant to s 146 of Bankruptcy Act 1966 (Cth) for order that distribution of dividends amongst creditors proceed as if the bankrupt had filed a statement of affairs – application granted Bankruptcy Act 1966 (Cth) s 146 Harrison v Del Santo [2007] FMCA 470 ref to Official Trustee in Bankruptcy v Raeffaele, in the matter of Tindaro Raeffaele [2003] FCA 328followed Official Trustee in Bankruptcy, in the matter of Shaw [1999] FCA 968 ref to Official Trustee in Bankruptcy v Thor [2006] FMCA 1637 ref to Rees (Trustee) in the matter of Stubberfield v Stubberfield (Bankrupt) [1999] FCA 1862 followed BRETT RICHARD GEOFFREY HARRISON AS TRUSTEE FOR THE BANKRUPT ESTATE OF ELIZABETH TSAMASIS v ELIZABETH TSAMASIS NSD 906 OF 2008

JACOBSON J

14 AUGUST 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 906 OF 2008

BETWEEN: BRETT RICHARD GEOFFREY HARRISON AS TRUSTEE FOR THE BANKRUPT ESTATE OF ELIZABETH TSAMASIS

Applicant

AND: ELIZABETH TSAMASIS

Respondent

JUDGE: JACOBSON J DATE OF ORDER: 14 AUGUST 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The distribution of dividends from the estate of the Respondent, to any creditors who have proved their debts, proceed in accordance with Part VI, Division 5 of the Bankruptcy Act 1966 (Cth), as if the Respondent had filed a statement of her affairs and the creditors had been stated to be creditors therein. 2. The Applicant Trustee's costs of and incidental to this application be paid from the bankrupt estate of the Respondent. 3. The parties be granted liberty to apply on 24 hours notice. 4. The Respondent not be entitled to any surplus funds remaining after payment of the dividends to creditors until she has lodged her duly completed Statement of Affairs in the required form in the office of the Official Receiver for the State of New South Wales and the Applicant has dealt with the claims of any further creditors disclosed in the Statement of Affairs.