Federal Court of Australia
Federal Court of Australia
Combis (Trustee) v Geason (No 2) [2024] FCA 1224 File number: QUD 277 of 2024
Judgment of: LOGAN J
Date of judgment: 14 October 2024
Catchwords: BANKRUPTCY AND INSOLVENCY – where the applicant trustee applies for an order under s 146 of the Bankruptcy Act 1966 (Cth) (the Act) for an order for the distribution of dividends where the bankrupt has not filed a statement of affairs (SoA) – where the bankrupt asserted that he had filed a SoA – where the Official Receiver conducted an inquiry into its records as to whether the bankrupt had filed a SoA – whether jurisdictional fact of lack of filing of a SoA established – whether, as a matter of discretion, distribution order should be made – application allowed PRACTICE AND PROCEDURE – where the bankrupt made an oral application for an adjournment at the second listing of the application – where the bankrupt did not provide any evidence of medical conditions – where the bankrupt did not attend for cross examination, despite notice by applicant trustee – adjournment application dismissed – leave to rely on bankrupt's affidavit refused
Legislation: Bankruptcy Act 1966 (Cth) ss 12, 30, 34A, 59, 77CA, 146 Evidence Act 1995 (Cth) ss 69, 140
Cases cited: Joyce (Trustee) in the matter of Domach v Domach [2023] FCA 888 Re Shaw; Official Trustee in Bankruptcy [1999] FCA 968 Re Sturt; Ex parte Official Trustee in Bankruptcy (2001) 117 FCR 1
Division: General Division
Registry: Queensland
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