Pignolet, M.R. v Australia and New Zealand Banking Group Ltd

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

........ ........ ........ ........ ........ ........ ........ .....

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

CaseChat Overview and Summary

The Federal Court of Australia, in the Bankruptcy District of Victoria, considered a matter involving Mervyn Raymond Pignolet, the debtor, and Australia and New Zealand Banking Group Limited, the creditor. The dispute centred on the interpretation of section 149(4) of the Bankruptcy Act 1966, particularly concerning the period within which a bankrupt must file a Statement of Affairs to be eligible for discharge. The creditor sought clarification on the effective date of the debtor's Statement of Affairs, which was received by the trustee on 22 December 1992, but the debtor claimed it was actually filed on 4 October 1994. The court was required to determine the correct date of filing and whether the debtor met the statutory requirements for discharge under the Act.

Justice Sundberg addressed the key issue of whether the debtor's Statement of Affairs, which was filed on 4 October 1994, was effective for the purposes of section 149(4). The creditor did not oppose the debtor's claim regarding the filing date. The court acknowledged that if the statement was indeed filed on 4 October 1994, it would need to abridge the statutory period of three years to reflect the actual duration between the filing date and the proposed discharge date. The court referenced the precedent set in Re Rohde (1993) 42 F.C.R. 149 and subsequent unreported cases that supported its course of action.

In light of the evidence and the precedent, Justice Sundberg ordered that the period of three years be abridged to 14 months and 18 days, starting from the effective filing date of the Statement of Affairs. The court also declared that the filing on 4 October 1994 was effective for the purposes of section 149(4). This decision ensured that the debtor would be discharged on the date that would have applied if the statement had been filed on 22 December 1992, as per the creditor's initial contention. The orders were made to provide clarity and to ensure the debtor's discharge was processed in accordance with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established