Avram and Official Trustee in Bankruptcy

[2001] AATA 678

DECISION AND REASONS FOR DECISION [2001] AATA 678

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No T2000/151

GENERAL ADMINISTRATIVE   DIVISION     )          
           Re      JOHN AVRAM (THE DUKE OF AVRAM)         
  Applicant
           And    OFFICIAL TRUSTEE IN BANKRUPTCY          
  Respondent

DECISION

Tribunal       Mr S P Estcourt QC., (Deputy President)          

Date19 July 2001

PlaceHobart

Decision      The decision under review is affirmed.             
  [Sgd S P Escourt]
  Deputy President
CATCHWORDS
 Bankruptcy – application for early discharge – disqualification – unintentional failure to disclose beneficial interest in property – application refused.
Bankruptcy Act 1966 – s.149Z(1)

REASONS FOR DECISION

27 July 2001            Mr S P Estcourt QC., (Deputy President)   

1. This is a statement of reasons for decision pursuant to s.43(2A) of the Administrative Appeals Tribunal Act 1975 in respect of a decision made on 19 July 2001.

2. My decision in the matter is that, taking applicant's case at its highest, Mr. Avram will still, at the conclusion of these proceedings, be confronted with the undeniable fact that he has an interest in his father's estate after the death of his mother and the undeniable fact that that interest was not disclosed in the statement of affairs at the time it was completed.

3. The unfortunate result of that is that section 149Z, in my opinion, operates strictly to disqualify him from early discharge from bankruptcy on the basis that whether his failure to disclose was intentional or unintentional, and I accept that it was unintentional, the section operates to disqualify him and, in those circumstances,  the only decision that I can make is that the decision under review is affirmed.

   I certify that the 3 preceding paragraphs are a true copy of the reasons for the decision herein of Mr S P Estcourt QC., (Deputy President)

   Signed:         ........K L Miller..............................................
     Personal Assistant

   Date/s of Hearing  19 July 2001
   Date of Decision  19 July 2001
   Counsel for the Applicant        Applicant appeared in person.
   Solicitor for the Applicant          
   Counsel for the Respondent    Mr J Walters
   Solicitor for the Respondent    Piggott Wood & Baker