Federal Court of Australia
Federal Court of Australia
Micheletto (Trustee) v Butler, in the matter of the bankrupt estate of Walsh [2023] FCA 1330 File number(s): VID 483 of 2022
Judgment of: ABRAHAM J
Date of judgment: 3 November 2023
Catchwords: BANKRUPTCY AND INSOLVENCY – where property of bankrupt included an interest in a property in Norfolk Island – where entire proceeds of sale of that property were paid to the respondent – where the trustees claim what they contend is the bankrupt's share of those sale proceeds – where s 9A of the Bankruptcy Act 1966 (Cth) (Bankruptcy Act) was in operation at the time of the bankrupt's bankruptcy – whether s 9A had the effect of excluding all Norfolk Island assets from being "property of the bankrupt" thereby preventing the trustees from having any possible claim to such assets – where issue is addressed as a separate question STATUTORY INTERPRETATION – natural and ordinary meaning of s 9A of the Bankruptcy Act – context and purpose HELD – the Bankruptcy Act did not exclude Norfolk Island property from being "property of the bankrupt" within the meaning of that Act
Legislation: Bankruptcy Act 1966 (Cth) Cross-Border Insolvency Act 2008 (Cth) Norfolk Island Act 1979 (Cth) Norfolk Island Legislation Amendment Act 2015 (Cth) Territories Legislation Amendment Act 2016 (Cth) Territories Legislation Amendment Act 2020 (Cth) Territories Legislation Amendment Bill 2016 (Cth) Bankruptcy Act 2006 (NI)
Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; (2009) 239 CLR 27 Masson v Parsons [2019] HCA 21; (2019) 266 CLR 554 Official Trustee in Bankruptcy, in the matter of Lyons [2000] FCA 1428; (2000) 104 FCR 486 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Re Doyle; Ex parte Brien v Doyle [1993] FCA 102; (1993) 41 FCR 40 Registrar, Supreme Court of Norfolk Island v Walsh (No 7) [2021] NFSC 5 Registrar, Supreme Court of Norfolk Island v Walsh [2021] NFSC 4 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 262 CLR 362 Warner (Trustee), in the matter of Barnes and Barnes [2018] FCA 1784
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