Hill and Official Receiver - [2007] AATA 1420

Administrative Appeals Tribunal
DECISION AND REASONS FOR DECISION [2007] AATA 1420
ADMINISTRATIVE APPEALS TRIBUNAL )
) No Q2006/683

GENERAL ADMINISTRATIVE DIVISION )

Re OWEN ROWLAND HILL

Applicant

And

OFFICIAL RECEIVER

Respondent

DECISION

Tribunal Dr KS Levy, RFD Senior Member
Date8 June 2007
PlaceBrisbane

Decision
The decision under review is affirmed.

.................[Sgd].............................
Senior Member

What a debt agreement proposal may include
(3) A debt agreement proposal may provide for any matter relating to the debtor's financial affairs.
If the person specified under paragraph (2)(c) is not the Official Trustee, the proposal may also provide for the remuneration of that person.
Sect 185D
Statement of affairs to be given with a debt agreement proposal
(1) A debtor who gives the Official Receiver a debt agreement proposal must give the Official Receiver a statement of the debtor's affairs with the proposal.
Note: Section 6A sets out requirements for statements of affairs.
(2) The debtor may, without fee and either personally or by an agent:
(a) inspect the statement of affairs; and
(b) obtain a copy of, or make extracts from, the statement of affairs.

Sect 185E
Accepting a debt agreement proposal for processing
(1) Before accepting a debt agreement proposal for processing, the Official Receiver must give the debtor the information prescribed by the regulations.
(2) If a debtor gives the Official Receiver a debt agreement proposal, the Official Receiver may accept the proposal for processing if the Official Receiver thinks that subsections 185C(2) and (4) have been complied with and the statement of affairs accompanying the proposal is in order.
(2A) The Official Receiver must refuse to accept a debt agreement proposal for processing if the person nominated as administrator is ineligible, in accordance with the regulations, to act as an administrator.
(3) The Official Receiver must not accept a debt agreement proposal for processing if the Official Receiver thinks that the creditors' interests would be better served by not accepting the proposal for processing.”

·     Bankruptcy Regulations 1996
“Reg 13.03
What information is to be entered on the Index?
(1)   Subject to this regulation, the following information is to be entered on the Index:
(a)    in respect of each creditor’s petition, bankruptcy, debt agreement under Part IX of the Act, personal insolvency agreement, administration under Part XI of the Act or order under section 253E of the Act, occurring or made on or after the commencement date — information of the kind specified in Schedule 8, to the extent applicable;

Reg 13.04
Application for certain information not to be on the Index
(1)   Subject to subregulation (4), a person who is a debtor or bankrupt may apply in writing to the Inspector‑General for information in respect of the person:
(a)    not to be entered on the Index, on the ground that the entry of the information would jeopardise, or be likely to jeopardise, the person’s safety; or
(b)    on the Index to be removed on the ground that:

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2007] AATA 1420
Decision Date: 8 June 2007

CaseChat Overview and Summary

The matter of Hill and Official Receiver involved a dispute concerning a debt agreement proposal submitted to the Official Receiver under the Bankruptcy Act 1966. The applicant, Mr Hill, had submitted a proposal, which was subsequently rejected by the Official Receiver. The central issue before the court was whether the Debt Agreement Proposal should have been accepted and if the applicant's alterations to the proposal form and the failure to complete all sections of the proposal form affected the Official Receiver's ability to accept the proposal.

The court examined whether the alterations to the Debt Agreement Proposal form, made by the applicant, had any bearing on the Official Receiver's ability to accept the proposal. It also considered whether the applicant's failure to complete all sections of the proposal form impacted the Official Receiver's capacity to accept the proposal. In reaching its decision, the court analysed the statutory requirements and relevant case law, focusing on the provisions of the Bankruptcy Act 1966, the Bankruptcy Regulations 1996, and the Administrative Appeals Tribunal Act 1975.

Upon examining the evidence and submissions, the court concluded that the decision of the Official Receiver to reject the Debt Agreement Proposal was lawful and correctly made. The court held that the alterations to the proposal form and the failure to complete all sections of the form did not affect the Official Receiver's ability to accept the proposal. Consequently, the court affirmed the decision under review, upholding the Official Receiver's decision to reject the proposal.

Orders

Orders of the court

The decision under review is affirmed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

GENERAL ADMINISTRATIVE DIVISION		)
Re		OWEN ROWLAND HILL