Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Soong v Gleeson (Trustee), in the matter of Soong [2024] FCA 289 Appeal from: Gleeson (Trustee), in the matter of Soong v Soong [2023] FedCFAmC2G 819
File number: NSD 1054 of 2023
Judgment of: MARKOVIC J
Date of judgment: 27 March 2024
Catchwords: BANKRUPTCY – whether notice given by a trustee in bankruptcy purportedly pursuant to s 129AA(4) of the Bankruptcy Act 1966 (Cth) is valid – whether the bankrupt is discharged from bankruptcy pursuant to s 149 of the Bankruptcy Act on the three year anniversary of filing his or her statement of affairs or on the first instant of the following day – where the bankrupt is discharged on the first instant of the following day – where notice issued by trustee is valid
Legislation: Acts Interpretation Act 1900 (Cth) s 2, s 36 Bankruptcy Act 1966 (Cth) s 129AA, s 149
Cases cited: Prowse v McIntyre (1961) 111 CLR 264 State of New South Wales v Bou-Antoun [2022] NSWSC 513 State of New South Wales v Nikua (Final) [2021] NSWSC 1240
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 63
Date of hearing: 27 February 2024
Counsel for the Applicant: Dr C Birch SC and J Gooley
Solicitor for the Applicant: HWL Ebsworth Lawyers
Counsel for the Respondent: V Bedrossian SC and J Treherne
Solicitor for the Respondent: Kerrs Law Pty Ltd
ORDERS NSD 1054 of 2023 IN THE MATTER OF DESLEY SOONG BETWEEN: DESLEY SOONG Applicant
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