Calegeros v Attorney-General (Cth)

The applicant, Calegeros, sought to set aside a sequestration order made against him. The Attorney-General (Cth) was the respondent. The dispute concerned whether Calegeros had failed to make full discovery of "all his property" as required by the *Bankruptcy Act 1966* (Cth).

The central legal issue before the court was the scope of a bankrupt's obligation to discover "all his property" and to do so "fully and truly". Specifically, the court had to determine whether Calegeros's failure to disclose certain assets constituted a breach of this obligation, thereby justifying the making of a sequestration order.

The court reasoned that the obligation imposed on a bankrupt to discover all their property is a fundamental aspect of bankruptcy proceedings, designed to ensure equitable distribution of assets among creditors. It was held that "all his property" encompasses not only tangible assets but also any interest in property, whether vested or contingent, that could be realised for the benefit of the estate. The phrase "fully and truly discover" requires a comprehensive and honest disclosure, without concealment or omission. The court found that Calegeros's failure to disclose the specified assets demonstrated a lack of full and true discovery, which was a sufficient ground for the sequestration order.