Cole v Australian Financial Security Authority [2019] FCA 1676

FEDERAL COURT OF AUSTRALIA

Cole v Australian Financial Security Authority [2019] FCA 1676 File number: WAD 436 of 2019

Judge: COLVIN J

Date of judgment: 10 October 2019

Catchwords: BANKRUPTCY - application under s 33A of the Bankruptcy Act 1966 (Cth) for orders altering the date of filing of a statement of affairs - where applicant believed on reasonable grounds that the statement of affairs had been filed in September 2016 - where trustees raised no objection - orders made

Legislation: Bankruptcy Act 1966 (Cth) ss 33A, 54, 149

Date of hearing: 10 October 2019

Registry: Western Australia

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 11

Counsel for the Applicant: The Applicant appeared in person

Counsel for the First Respondent: The First Respondent filed a submitting notice save as to costs

Counsel for the Second Respondents: The Second Respondents filed a submitting notice

ORDERS WAD 436 of 2019

BETWEEN: KENNETH STEWART COLE Applicant

AND: AUSTRALIAN FINANCIAL SECURITY AUTHORITY First Respondent

DANIEL JOHANNES BREDENKAMP & PAUL GERARD WESTON Second Respondents

JUDGE: COLVIN J DATE OF ORDER: 10 OCTOBER 2019

THE COURT ORDERS THAT:

1. Pursuant to s 33A of the Bankruptcy Act 1966 (Cth) the statement of affairs be treated as having been filed on 10 November 2016. 2. There be liberty to the first respondent to apply within 14 days for any orders in relation to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.