Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Orr (Trustee), in the matter of Wilkshire v Wilkshire [2017] FCA 220 File number: SAD 329 of 2016
Judge: CHARLESWORTH J
Date of judgment: 9 March 2017
Catchwords: BANKRUPTCY – where bankrupt has failed or refused to file a statement of affairs – application by the trustee of the bankrupt's estate for an order pursuant to s 146 of the Bankruptcy Act 1966 (Cth) allowing for the payment of dividends to proven creditors as if the bankrupt had filed a statement of affairs naming those creditors – insufficient assets in the estate to pay the costs of the administration and the debt of the only known creditor in full – application allowed – effect of order
Legislation: Bankruptcy Act 1966 (Cth), ss 54, 77CA, 109, 146, 153A Federal Court Rules 2011 (Cth), r 10.24
Cases cited: Official Trustee in Bankruptcy, in the matter of Shaw [1999] FCA 968 Re Sturt; Ex parte Official Trustee in Bankruptcy (2001) 117 FCR 1
Date of hearing: 30 January 2017
Date of last submissions: 13 February 2017
Registry: South Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 22
Counsel for the Applicant: Mr J Neate
Solicitor for the Applicant: Lynch Meyer Lawyers
Counsel for the Respondent: The Respondent did not appear
ORDERS SAD 329 of 2016 IN THE MATTER OF PETER JOHN WILKSHIRE BETWEEN: HILLARY ELIZABETH ORR AS TRUSTEE FOR THE BANKRUPT ESTATE OF PETER JOHN WILKSHIRE Applicant
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