Combe v Inspector-General in Bankruptcy

Combe, an appellant, sought to appeal against the decision of the Inspector-General in Bankruptcy, affirmed by the Administrative Appeals Tribunal (AAT), to confirm a notice of objection to her discharge from bankruptcy. The appeal was brought under section 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth). The appellant, who had been made bankrupt on 15 October 2002, was object to being discharged from bankruptcy until 14 November 2010 due to objections filed by the trustee in bankruptcy. The trustee objected to her discharge on the basis that she failed to provide information about her property as required under section 149D(1)(d) of the Bankruptcy Act 1966 (Cth). The appellant applied to the Inspector-General for a review of the trustee’s decision but the Inspector-General confirmed the notice of objection. The appellant then appealed to the AAT, which affirmed the Inspector-General’s decision.

The appeal raised questions of whether there was a denial of procedural fairness and whether the Tribunal took into consideration certain statutory provisions. The court found that the appellant's contention that there was a denial of procedural fairness was not made out, as the Tribunal had properly considered the issue of whether there was evidence to support a special ground within the meaning of section 149N(1A) and whether the appellant had a reasonable excuse for failure to comply. The court also found that the appellant had raised numerous factual issues and contentions that had not previously been raised and which had no proved factual basis. The appeal was dismissed with costs.

The court concluded that the appeal was not properly founded in law as the Tribunal had correctly applied the relevant statutory provisions. The appeal was dismissed, and the appellant was ordered to pay the respondent’s costs.