Harrison v Jessop
[2011] FMCA 378
•17 May 2011
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| HARRISON v JESSOP | [2011] FMCA 378 |
| BANKRUPTCY – Application for orders to permit a distribution to creditors in the absence of a statement of affairs by the bankrupt. |
| Bankruptcy Act 1966 |
| Applicant: | BRETT RICHARD GEOFFREY HARRISON AS TRUSTEE OF THE BANKRUPT ESTATE OF VINCENT HERBERT JESSOP |
| Respondent: | VINCENT HERBERT JESSOP |
| File Number: | SYG 944 of 2011 |
| Judgment of: | Driver FM |
| Hearing date: | 17 May 2011 |
| Delivered at: | Sydney |
| Delivered on: | 17 May 2011 |
REPRESENTATION
| Solicitors for the Applicant: | Ms N Wang Gilbert M Johnstone & Co |
No appearance by or on behalf of the Respondent
ORDERS
The Court dispense with service of the application filed in these proceedings.
The distribution of dividends from the estate of the respondent, to any creditors who have proved their debts, proceed in accordance with Part VI, Division 5 of the Bankruptcy Act 1966 (Cth), as if the respondent had filed a statement of his affairs and the creditors had been stated to be creditors therein.
The respondent not be entitled to any surplus funds remaining after payment of the dividends to creditors until he had lodged his duly completed statement of affairs in the required form in the office of the Official Receiver for the State of New South Wales and the applicant has dealt with the claims of any further creditors disclosed in the statement of affairs.
The applicant trustee’s costs of and incidental to this application be paid from the bankrupt estate of the respondent.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 944 of 2011
| BRETT RICHARD GEOFFREY HARRISON AS TRUSTEE OF THE BANKRUPT ESTATE OF |
Applicant
And
| VINCENT HERBERT JESSOP |
Respondent
REASONS FOR JUDGMENT
(revised from transcript)
On 27 June 2007, a sequestration order was made against the estate of Vincent Herbert Jessop (“the respondent”). The date of the act of bankruptcy is 23 April 2007. On 27 June 2007 Mr Brett Richard Geoffrey Harrison was appointed to act as trustee of the bankrupt estate of the respondent. The trustee now applies pursuant to Part VI, Division 5 of the Bankruptcy Act 1966 (Cth) (“the Bankruptcy Act”) for orders to permit a distribution of funds from the estate.
According to the affidavit of Mr Harrison sworn on 9 May 2011, the trustee sent a letter dated 29 June 2007 by ordinary pre-paid post to the respondent to his address, with the following documents:
a)two copies of a blank Statement of Affairs document;
b)two copies of Notice of Bankrupt’s Responsibilities;
c)information about discharge;
d)a copy of the sequestration order; and
e)a copy of the Certificate of Appointment.
The letter advised the respondent of the making of the sequestration order and the requirement for the respondent to complete and file a Statement of Affairs. On the evening of Monday, 20 August 2007, the respondent was personally served with the letter dated 29 June 2007 and the initial correspondence documents.
During the period 10 July 2008 to 21 April 2009, Mr Harrison and other members of his staff had numerous telephone conversations with the respondent advising him of his requirement to file a Statement of Affairs. On 25 July 2008 the trustee had a conversation with the respondent, in which the respondent confirmed receipt of the Statement of Affairs and advised that he had commenced completing the document.
The trustee and members of his staff have unsuccessfully attempted to contact the bankrupt by telephone on at least 23 occasions since the commencement of the bankruptcy.
On 13 January 2010, the trustee received a letter from ITSA dated
11 January 2010. The letter advised that on 10 December 2009, the respondent appeared in the Canberra Magistrates Court and pleaded guilty to failing to make out and file a Statement of Affairs. The respondent was convicted under s.54(1) of the Bankruptcy Act and fined $250 and $123 in costs.
On 20 October 2010, the trustee received a letter from ITSA dated
18 October 2010. The letter advises that ITSA has conducted a further investigation into the bankrupt’s failure to lodge a Statement of Affairs; however they were unable to locate the bankrupt.
I am satisfied that the trustee has used his best endeavours to contact the bankrupt during the course of the administration without success.
I am also satisfied that the trustee has realised property of the bankrupt for the purposes of the administration of the estate and is ready to distribute those funds.
Accordingly, I will make the orders sought in the short minutes of order which I will mark with the letter ‘A’, initial date this day, and place with the papers.
I certify that the preceding ten (10) paragraphs are a true copy of the reasons for judgment of Driver FM
Associate:
Date: 25 May 2011
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