Re Khoo, G.S

[1994] FCA 618

Re: GHEE SIANG KHOO (A Bankrupt)
No. NB1273/90
FED No. 618/94
Number of pages - 2
Bankruptcy

COURT

IN THE FEDERAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT OF NEW SOUTH WALES
GENERAL DIVISION
LINDGREN J

CATCHWORDS

Bankruptcy - automatic discharge at the expiry of three years from filing of statement of affairs - failure to file statement within 14 days from notification of bankruptcy - delay in commencement of the three-year period - abridgement of three-year period fixed by s 149 of the Bankruptcy Act 1966.

Bankruptcy Act 1966 (Cth) s 149

Re Rohde (1993) 42 FCR 149

HEARING

SYDNEY, 16 August 1994
#DATE 16:8:1994

Ms S. Nash, solicitor, of Sally Nash and Co., appeared for the Bankrupt.

Mr M. Findlay, of the Insolvency and Trustee Service Australia, appeared for the Official Trustee in Bankruptcy.

ORDER

THE COURT:
1. ORDERS that the time provided by s 54(1) of the Bankruptcy Act

1966 for the date for filing of the Statement of Affairs be enlarged to a time expiring on 8 February 1993.

1. ORDERS that the time provided by s 149(3) of the Bankruptcy Act
   

1966 be abridged to a period expiring on 30 May 1994.

1. DECLARES that the filing of the Statement of Affairs on 8 February
   

1993 is an effective filing for the purposes of s 149(3) of the Bankruptcy Act.

1. DECLARES that by virtue of s 149(3) that the Bankrupt be
   

discharged.

1. ORDERS that the Bankrupt pay the costs of this application and any
   

costs of the Trustee on this application.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

JUDGE1

LINDGREN J In these proceedings Ghee Siang Khoo ("the Bankrupt") makes application by a notice of application dated 27 July, 1994 and filed on 29 July 1994. Ms Nash appears for the applicant and Mr Findlay for the Official Trustee in Bankruptcy.

1. The effect of the orders sought, if granted, will be as it were to back-date the period of three years provided for in section 149 of the Bankruptcy Act 1966 for automatic discharge from bankruptcy of the Bankrupt.

2. The difficulty in the case has arisen from the fact that the Bankrupt's Statement of Affairs was not filed in the Registry within 14 days after the making of the sequestration order on 16 July, 1990. In fact, the Statement of Affairs was not filed in the Registry until 8 February, 1993, with the consequence that the three-year period fixed by section 149 for discharge from bankruptcy by effluxion of time did not commence to run until that date. I need not traverse the history of events which show an explanation for the late filing of the Statement of Affairs. Shortly, it can be noted that Crowther Beattie, solicitors, who acted for the Bankrupt did forward a Statement of Affairs in duplicate to the Official Receiver under cover of their letter dated 15 May, 1991 and apparently that was either not received or was received but subsequently mislaid. In any event, that Statement of Affairs was not filed in the Registry. Much later, on 22 December, 1992, a copy of the Statement of Affairs was again forwarded by Crowther Beattie and ultimately this found its way to the Registry on the 8th February, 1993.

3. The orders sought in the application are consented to and there is precedent for the making of such orders in the circumstances; see, for example, Re Rohde (1993) 42 FCR 149. I am satisfied that it is appropriate to make orders to the general effect of those sought although the orders which I will make will differ slightly from the formulations in the application.

4. The orders and the declarations which I make are as follows:
   1. An ORDER that the time provided by s 54(1) of the Bankruptcy Act
   

1966 for the date for filing of the Statement of Affairs be enlarged to a time expiring on 8 February 1993.

1. An ORDER that the time provided by s 149(3) of the Bankruptcy Act

1966 be abridged to a period expiring on 30 May 1994.

1. A DECLARATION that the filing of the Statement of Affairs on 8

February 1993 be an effective filing for the purposes of s 149(3) of the Bankruptcy Act.

1. A DECLARATION that by virtue of s 149(3) that the Bankrupt be

discharged.

1. An ORDER that the Bankrupt pay the costs of this application and

any costs of the Trustee on this application.