Federal Court of Australia
Federal Court of Australia
Smith v Trustee of the Property of Richard John Smith (a Bankrupt) [2023] FCA 300 File number(s): QUD 264 of 2022
Judgment of: COLLIER J
Date of judgment: 4 April 2023
Catchwords: BANKRUPTCY AND INSOLVENCY – application to declare Notice of Objection to Discharge invalid – consideration of s 149C of the Bankruptcy Act 1966 (Cth) – whether Notice of Objection complied with s 149C of the Bankruptcy Act – whether Trustee provided reasons for objecting to discharge from bankruptcy – whether evidence provided
Legislation: Bankruptcy Act 1966 (Cth)
Cases cited: Fitz-Gibbon, in the matter of Fitz-Gibbon v Inspector General in Bankruptcy (2001) 180 ALR 475; [2000] FCA 1677 Inspector-General in Bankruptcy v Nelson (1998) 168 ALR 340; [1998] FCA 684 Prentice v Wood (2002) 119 FCR 296; [2002] FCA 214 Re Ansett; ex parte Ansett v Pattison (1995) 56 FCR 526 Re Hall (1994) 14 ACSR 488; [1994] FCA 1319 Van Reesema v Official Receiver (1983) 50 ALR 253
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 55
Date of hearing: 17 November 2022
Counsel for the Applicant: Mr N Derrington
Solicitor for the Applicant: HopgoodGanim Lawyers
Counsel for the Respondent: Mr S Russell
Solicitor for the Respondent: SLF Lawyers
ORDERS QUD 264 of 2022
BETWEEN: RICHARD JOHN SMITH Applicant
AND: THE TRUSTEE OF THE PROPERTY OF RICHARD JOHN SMITH (A BANKRUPT) Respondent
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