Roufeil (Trustee), in the matter of Jarvie (Bankrupt) [2015] FCA 232

FEDERAL COURT OF AUSTRALIA

Roufeil (Trustee), in the matter of Jarvie (Bankrupt) [2015] FCA 232 Citation: Roufeil (Trustee), in the matter of Jarvie (Bankrupt) [2015] FCA 232

Parties: MARK DAMIAN CHARLES ROUFEIL AS TRUSTEE OF THE BANKRUPT ESTATE OF RUSSELL ALAN JARVIE

File number: NSD 108 of 2015

Judge: GLEESON J

Date of judgment: 17 March 2015

Catchwords: BANKRUPTCY – application to distribute dividends amongst creditors who have proved their debts in bankrupt estate as if bankrupt had filed a statement of affairs and creditors had been stated in it – where bankrupt aware of obligation to file statement of affairs – no statement of affairs filed – no prejudice caused by proposed distribution – Bankruptcy Act 1966 (Cth), s 146

Legislation: Bankruptcy Act 1966 (Cth), ss 54, 77CA, 146; Part VI, Div 5

Cases cited: Rees v Stubberfield [1999] FCA 1862

Date of hearing: 19 February 2015

Date of orders: 19 February 2015 Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 35

Counsel for the Applicant: Mr R Marshall

Solicitor for the Applicant: Gillis Delaney Lawyers

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 108 of 2015

IN THE MATTER OF THE BANKRUPT ESTATE OF RUSSELL ALAN JARVIE MARK DAMIAN CHARLES ROUFEIL AS TRUSTEE OF THE BANKRUPT ESTATE OF RUSSELL ALAN JARVIE

Applicant

JUDGE: GLEESON J DATE OF ORDER: 19 FEBRUARY 2015 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to s 146 of the Bankruptcy Act 1966 (Cth), the applicant, as trustee of the bankrupt estate of Russell Alan Jarvie, distribute dividends amongst the creditors who have proved their debts in the bankrupt estate of Russell Alan Jarvie in accordance with Division 5 of Part VI of the Bankruptcy Act 1966 (Cth) as if Russell Alan Jarvie had filed a statement of affairs and those creditors had been stated in it. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.