Beaman v Bond & Anor (No.2)

This matter concerned an application by Mr Beaman to annul his bankruptcy, which had been declared on his own debtors' petition. The application was heard by Antoni Lucev J in the Supreme Court of Western Australia.

The primary legal issue before the Court was whether the bankruptcy should be annulled pursuant to s 153A of the *Bankruptcy Act 1966* (Cth). This required the Court to determine if Mr Beaman had satisfied the conditions for annulment, namely that all his debts had been paid in full, or if there were sufficient grounds to justify annulment on other equitable grounds. A secondary issue arose regarding the admissibility of a report prepared by the trustee in bankruptcy.

His Honour considered the evidence presented, including the trustee's report, and found that Mr Beaman had not discharged his debts in full. The Court applied the principles governing annulment under s 153A, which require a complete discharge of all provable debts. His Honour also ruled on the admissibility of the trustee's report, finding it to be admissible evidence.

The application for annulment was dismissed.