Re Kalache, L.G

[1988] FCA 793

d b

*

IN TEE J?EDERXL COURT OF AUSTRALIA	1 1
GENERAT. DIVISION	) NO. W551 Of 1988
1

BANKRUPTCY DISTRICT IN TEE 1 1

STATE OF NEW SOUTB WALES AND TEE	1
1

AUSTRALIAN CAPITAL TERRITORY 1

- Re : LESLIE GEORGE KALACBE

Bankrupt

CORAM: Einfeld J.

-	DATE : 29 November 1988
PLACE: Sydney

EX-TEMPORE JDDGEIENT

This is an application for annulment under section 154(l)(b) of the Bankruptcy Act 1966 on the basis that the bankrupt has obtained a legal acquittance of the unsecured debts proved in the bankruptcy. The debts involved in this matter appear to be all debts to the State Bank of New South Wales, one in respect of a bankcard, one a Visa card and one a liability under guarantee. The total amount involved is just over $8300. None of these debts appear to have been proved in the bankruptcy

in the	strict sense although there seems no doubt that they are the
debts and only debts of the bankrupt.	I am therefore prepared to accept
these debts as	being proved in the bankruptcy.

The next question is whether a legal aquittance has been obtained of

them as required by section 154(11 (b). The bankrupt has sworn in an

Is

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   rough and ready way that seems to be largely correct. The liability under the guarantee has, I am informed, been written off by the State Bank, and in respect of the bankcard and Visa card debts, the bank appears to have accepted lesser sums in full and final settlement than the amounts acutally owing. I say "appears" to have done so because the

so-called acquittance document of the bank is neither dated nor sealed

despite the fact that on the face of it, the document is said to be both dated and sealed. The other problem is that there is no way of knowing

from the documentation before me as to whether the bankcard and Visa

card numbers which are set out on the acquittance are in fact the

respective cards involved in this matter.

Eowever, the matter has been investigated by	the Official Trustee with
his usual care and I am prepared to accept in the circumstances	of the

case that these formalities are merely puffs in the wind brought about, no doubt, by the enormous pressure on the State Bank of New South Wales these days in relation to the dating and sealing of documents. For all

those reasons I make an order under section 154(1) (b) annulling the

bankrupt c y .