Gibb v Australian Financial Security Authority [2016] FCA 1264

FEDERAL COURT OF AUSTRALIA

Gibb v Australian Financial Security Authority [2016] FCA 1264 File number: WAD 412 of 2016

Judge: MCKERRACHER J

Date of judgment: 24 October 2016

Legislation: Bankruptcy Act 1966 (Cth) s 254(3)

Date of hearing: 24 October 2016

Registry: Western Australia

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: No Catchwords

Number of paragraphs: 9

Counsel for the Applicant: The Applicant appeared in person

Counsel for the Respondent: The Respondent did not appear

ORDERS WAD 412 of 2016

BETWEEN: LINDA DOROTHY GIBB Applicant

AND: AUSTRALIAN FINANCIAL SECURITY AUTHORITY Respondent

JUDGE: MCKERRACHER J DATE OF ORDER: 24 OCTOBER 2016

THE COURT ORDERS THAT:

1. Under s 254(3) of the Bankruptcy Act 1966 (Cth), the Applicant is entitled to the sum of $110,398, being monies paid to the Commonwealth by the trustee administering the Applicant's former bankrupt estate. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

REVISED FROM THE TRANSCRIPT

MCKERRACHER J: 1 Ms Gibb seeks this morning a declaration under s 254(3) of the Bankruptcy Act 1966 (Cth) that she is a person entitled to moneys that have been paid to the Commonwealth in relation to her former bankrupt estate. Ms Gibb relies on an application and a short affidavit filed on 8 September 2016, having been sworn on 12 July 2016. 2 While there is rather limited evidence before the Court in that material, the background to the proceeding is that there was a building dispute in which Ms Gibb was involved. She was made bankrupt at a point in time which is somewhat imprecise, but it was at least 12 years ago. At around that time, she moved her residency to New Zealand. I infer that when funds became available for distribution from the bankrupt estate, there was some complication or difficulty in making those available to her. As I say, the precise evidence is slim. 3 Ms Gibb subsequently received a letter dated 16 February 2007 from what was then the Insolvency and Trustee Service of Australia. It followed a telephone conversation of the previous day regarding what were described as 'missing' funds. The letter advised that the computer records of the Department indicated in October 2004, in accordance with s 254(2) or s 254(2A), Mr Posner, the trustee of the bankrupt estate for Ms Gibb, paid $110,000 into a Commonwealth account called the 'Consolidated Revenue Fund' or 'Unclaimed Dividends or Moneys'. The Department provided Ms Gibb with material to explain what was involved as a matter of law in relation to that payment.