Cable v Pattison

[2003] FCA 1499

FEDERAL COURT OF AUSTRALIA

Cable v Pattison [2003] FCA 1499

Bankruptcy Act 1966 (Cth) s 19, 33, 33(1)(c), 33A, 33A(3), 54, 77C, 149(3), 149(4), 149A, 149G, 306, 306(1)
Bankruptcy Regulations 13.03, 16.02 Part 13, Item 3 Schedule 8

David Grant & Co Pty Ltd v Westpac Banking Corporation (1995) 184 CLR 265 cited
Re: Ex parte D R Trease [1995] FCA 494 (unreported, Tamberlin J, 14 July 1995) referred to
Nilant v Macchia (1997) 78 FCR 419 cited
Nilant v Macchia (2000) 104 FCR 238 applied
Sofia v Pattison (1997) FCA 1586 (20 October 1997) referred to

PAUL CABLE v PAUL PATTISON & ANOR (IN THE MATTER OF PAUL CABLE)
N 7262 OF 2003

HELY J
17 DECEMBER 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 7262 OF 2003

BETWEEN:

PAUL CABLE
APPLICANT

AND:

PAUL PATTISON
FIRST RESPONDENT

OFFICIAL RECEIVER FOR THE BANKRUPTCY DISTRICT OF THE STATE OF VICTORIA
SECOND RESPONDENT

JUDGE:

HELY J

DATE OF ORDER:

17 DECEMBER 2003

WHERE MADE:

SYDNEY

THE COURT DECLARES THAT:

1.The filing of the Statement of Affairs of the applicant dated 13 December 1999 with the second respondent on 17 December 1999 was not invalidated by reason of the fact that a copy only of the Statement of Affairs was then provided to the second respondent.

2.The applicant was discharged from bankruptcy pursuant to s 149 of the Bankruptcy Act 1966 (Cth) on 17 December 2002.

THE COURT ORDERS THAT:

3.The applicant pay the second respondent’s costs of these proceedings.  Otherwise, no order as to costs.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 7262 OF 2003

BETWEEN:

PAUL CABLE
APPLICANT

AND:

PAUL PATTISON
FIRST RESPONDENT

OFFICIAL RECEIVER FOR THE BANKRUPTCY DISTRICT OF THE STATE OF VICTORIA
SECOND RESPONDENT

JUDGE:	HELY J
DATE:	17 DECEMBER 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. A sequestration order was made against the estate of the applicant on 24 February 1998. The applicant then resided at 95 Bulimba Street, Bulimba, Queensland. The first respondent was appointed as trustee of the estate of the applicant. It is the trustee who has the primary duty of investigating a bankrupt’s examinable affairs. The trustees duties in that respect include the matters specified in s 19 of the Bankruptcy Act 1966 (Cth) (‘the Act’).

2. Under s 54(1) of the Act, within 14 days from the day on which the applicant was notified of his bankruptcy, the applicant was obliged:

   (a)to make out and file with the Official Receiver for the District in which the sequestration order was made, a statement of the applicant’s affairs; and

   (b)to furnish a copy of the statement to the trustee.

3. The evidence does not disclose when the applicant first received actual notification of his bankruptcy.  The trustee prepared a letter to the applicant (at the address nominated in the sequestration order) informing the applicant of the trustee’s appointment.  Included with…