Tarwala v Amirbeaggi as trustee for bankruptcy [2022] FCA 1593

Federal Court of Australia

Tarwala v Amirbeaggi as trustee for bankruptcy [2022] FCA 1593 File number: VID 590 of 2021

Judgment of: MURPHY J

Date of judgment: 23 December 2022

Catchwords: BANKRUPTCY - application for annulment of bankruptcy under s 153B of Bankruptcy Act 1966 (Cth) - relevant principles for annulment of a bankruptcy arising from a debtor's petition – where the evidence does not show that the debtor's petition ought not to have been presented or ought not to have been accepted – where the evidence does not show that the debtor was solvent at the time of lodging the petition, nor at the time of hearing -where there is no proposal by the debtor to meet her debt to a substantial creditor nor to discharge the costs of the administration of the debtor's estate – annulment not in the public interest or the interest of the creditor – application refused.

Legislation: Bankruptcy Act 1966 (Cth) ss 5, 55, 153B Corporations Act 2001 (Cth) s 95A Federal Court of Australia Act 1976 (Cth) s 37M Supreme Court (General Civil Procedure) Rules 2015 r 63.56

Cases cited: Bank of Australasia v Hall (1907) 4 CLR 1514 Big River Group Pty Ltd v Visnic [2010] FMCA 276 Boles v Official Trustee in Bankruptcy (2001) 183 ALR 239 Francis v Eggleston Mitchell Lawyers Pty Ltd [2014] FCAFC 18 Hall v Poolman [2007] NSWSC 1330; 65 ACSR 123 Keith Smith East West Transport Pty Ltd (in liq) v Australian Taxation Office [2002] NSWCA 264; 42 ACSR 501 Kitay, in the matter of Frigger (No 2) [2018] FCA 1032 Lewis v Doran (2004) 184 FLR 454 Lewis v Doran (2005) 219 ALR 555 New Cap Reinsurance Corp Ltd (in liq) v Westpac Banking Corp (No 9) [2008] NSWSC 1015; 68 ACSR 176 Quick v Stoland Pty Ltd [1998] FCA 1200; 87 FCR 371 Ramsay Health Care Australia Pty Ltd v Compton (2017) 261 CLR 132 Re Abbas [1995] FCA 337; 57 FCR 140 Re Almassy [1999] FCA 1004; 92 FCR 597 Re Coote (1993) 47 FCR 522 Re Coyle, A.G. & Anor [1993] FCA 244; 42 FCR 72 Re Cube Footwear Pty Ltd [2013] 2 QSC 398; 2 Qd R 501 Re Newark Pty Ltd (in liq) [1993] 1 Qd R 409; 6 ACSR 255 Re Papps; Ex parte Tapp (1997) 78 FCR 524 Re Whittall (unreported, Federal Court of Australia, Kiefel J, QG 7598 of 1997, 7 August 1998) Registrar of Titles (WA) v Franzon (1975) 132 CLR 611 Sayer-Jones v Official Trustee in Bankruptcy [2022] FCA 1199 Southern Cross Interiors Pty Ltd v Deputy Commissioner of Taxation [2001] NSWSC 621; 53 NSWLR 213 Thredgold v Fyfe Pty Ltd [2013 FCA 1363 Williams (in liq) v Scholz [2008] QCA 094