Pignolet, M.R. v Australia and New Zealand Banking Group Ltd
[1995] FCA 590
•8 Aug 1995
IN THE FEDERAL COURT OF AUSTRALIA )
BANKRUPTCY DISTRICT OF )
THE STATE OF VICTORIA ) No VB 3080 of 1992
GENERAL DIVISION )
RE:MERVYN RAYMOND PIGNOLET
Debtor
EX PARTE:AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
(ACN 005 357 522)
Creditor
COURT:Sundberg J
DATE:8 August 1995
PLACE:Melbourne
MINUTES OF ORDER
The Court orders that:
The period of 3 years referred to in s.149(4) of the Bankruptcy Act 1966 is abridged to the period of 14 months and 18 days.
And the Court makes the following declaration:
The filing of the Statement of Affairs on 4 October 1994 was effective for the purposes of s.149(4).
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA )
BANKRUPTCY DISTRICT OF )
THE STATE OF VICTORIA ) No VB 3080 of 1992
GENERAL DIVISION )
RE:MERVYN RAYMOND PIGNOLET
Debtor
EX PARTE:AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
(ACN 005 357 522)
Creditor
COURT:Sundberg J
DATE:8 August 1995
PLACE:Melbourne
REASONS FOR JUDGMENT
SUNDBERG J:
When this matter was before me on 12 July 1995 I indicated that I would make an order that would have the effect that the bankrupt would be discharged on the date that would have been the date of his discharge had he filed his Statement of Affairs on 22 December 1992, the date on which it was received by the trustee. I could not then make such an order because I did not know the date on which the bankrupt in fact filed the Statement. I have now ascertained that he did this on 4 October 1994. I have also ascertained that the trustee
does not oppose the making of an order to the effect described. Accordingly I make the following orders:
I abridge the period of 3 years referred to in s.149(4) of the Bankruptcy Act 1966 to the period of 14 months and 18 days;
I declare that the filing of the Statement of Affairs on 4 October 1994 was effective for the purposes of s.149(4);
The course I have adopted is authorised by Re Rohde (1993) 42 F.C.R. 149 and a number of unreported cases in which that case has been followed.
I certify that this and the preceding page is a true copy of the reasons for judgment of the Honourable Justice Sundberg
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Associate
8 August 1995
The Debtor appeared in person
The Creditor did not appear and was not represented
Date of Hearing: 12 July 1995
Place of Hearing: Melbourne
Date of Judgment: 8 August 1995
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