Federal Court of Australia
Federal Court of Australia
Sampson (Trustee), in the matter of Cam (Bankrupt) [2024] FCA 990 File number(s): NSD 635 of 2024
Judgment of: RAPER J
Date of judgment: 29 August 2024
Catchwords: BANKRUPTCY – application to distribute dividends amongst creditors who have proved their debts in bankrupt estate as if the bankrupt had filed a statement of affairs and the creditors had been identified in that statement under s 146 of the Bankruptcy Act 1966 (Cth) – where bankrupt aware of the obligation to file a statement of affairs – where bankrupt has not filed the statement because he disputes the claim of one creditor – where the bankrupt had previously unsuccessfully challenged the sequestration order by reason of this disputed claim – where after the hearing the bankrupt provided a list of creditors - no prejudice caused by proposed distribution – distribution allowed
Legislation: Bankruptcy Act 1966 (Cth) ss 54(1), 140, 140(3), 145(3), 146
Cases cited: JB Solicitors Pty Ltd v Cam, in the matter of the Bankrupt Estate of Cam [2023] FCA 1095 Nilant v Macchia [2000] FCA 1528; 104 FCR 238 Official Trustee in Bankruptcy, in the matter of Shaw [1999] FCA 968 Re Sturt; Ex parte Official Trustee in Bankruptcy [2001] FCA 1649; 117 FCR 1 Roufeil (Trustee), in the matter of Jarvie (Bankrupt) [2015] FCA 232 Wangman v Official Receiver, Insolvency & Trustee Service Australia [2006] FCA 202
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
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