Weeden v Rambaldi [2012] FCA 552

FEDERAL COURT OF AUSTRALIA

Weeden v Rambaldi [2012] FCA 552 Citation: Weeden v Rambaldi [2012] FCA 552

Parties: PHILIP CHARLES WEEDEN v GESS MICHELE RAMBALDI, ANDREW REGINALD YEO (AS JOINT TRUSTEES OF THE PROPERTY OF PHILIP CHARLES WEEDEN, A BANKRUPT), INSPECTOR-GENERAL IN BANKRUPTCY and OFFICIAL RECEIVER IN BANKRUPTCY ANDREW REGINALD YEO, GESS MICHELE RAMBALDI (AS TRUSTEES OF THE PROPERTIES OF PHILIP CHARLES WEEDEN, A BANKRUPT) v PHILIP CHARLES WEEDEN, INSPECTOR-GENERAL IN BANKRUPTCY AND OFFICIAL RECEIVER IN BANKRUPTCY

File number(s): VID 744 of 2011 VID 859 of 2011

Judge: BROMBERG J

Date of judgment: 29 May 2012

Catchwords: BANKRUPTCY – whether notices of objection to discharge filed pursuant to s 149B of the Bankruptcy Act 1966 (Cth) valid – whether notices of contribution assessment made pursuant to s 139(1)(c) of the Bankruptcy Act valid – whether notices were invalid because made by a joint trustee acting alone – unanimous concurrence required for act of joint trustee – whether joint trustees were appointed or a sole trustee appointed by meeting of creditors – s 257 of Bankruptcy Act and presumption that minutes of meeting provide prima facie evidence of meeting – whether evidence of concurrence of joint trustees – whether s 306(1) of the Bankruptcy Act validates the act of a joint trustee acting alone, where the consent of other trustee is later given, in relation to the making and notification of an assessment pursuant to s 139W(1) of the Bankruptcy Act and in relation to the filing of an objection to discharge pursuant to s 149B of the Bankruptcy Act – whether a formal defect or irregularity within the meaning of s 306(1)