Federal Court of Australia
Federal Court of Australia
Official Receiver v Chan [2024] FCA 542 File numbers: WAD 80 of 2024 WAD 81 of 2024
Judgment of: COLVIN J
Date of judgment: 23 May 2024
Catchwords: BANKRUPTCY - referral of debtor's petition by joint debtors - where creditor's petition pending against one but not both of joint debtors - whether to direct Official Receiver to accept or reject petition - whether different dates for commencement of bankruptcy appropriate - held if Court is persuaded to direct that debtor's petition by joint debtors be accepted commencement date for bankruptcy for each debtor should be the same - direction to accept debtor's petition - bankruptcy to commence for each debtor at time of presentation to Official Receiver of debtor's petition
Legislation: Acts Interpretation Act 1901 (Cth) s 36 Bankruptcy Act 1966 (Cth) ss 57, 57A
Cases cited: Clyne v Deputy Commissioner of Taxation (1984) 154 CLR 589 R v Davison (1954) 90 CLR 353 Re Pepper (1969) 14 FLR 282
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 17
Date of hearing: 22 May 2024
Counsel for the Applicant: Mr D Welsh
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the Respondents: The respondents did not appear
ORDERS WAD 80 of 2024
BETWEEN: OFFICIAL RECEIVER Applicant
AND: SOOK LENG CHAN Respondent
WAD 81 of 2024
BETWEEN: OFFICIAL RECEIVER Applicant
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