Re Ridge, O Summary | CaseChat AU

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JUDGMENT No. .... ,, ,,,.,

FEDERAL COURT OF AUSTRALIA

HEN SOUTB WALES REGISTRY	No. NB 2596 of 1991
GENERAL DIVISION

RE:

OWEN RIDGE

CORM:

SACKVILLE J.

PLACE: SYDNEY

DATE r

22 BOVKHBER, 1994

HIS HONOUR: This is an application by the bankrupt, Mr Owen John Ridge. Pursuant to s.33(l)(c) of the Bankru~tcv

Act 1966,

Mr Ridge seeks an order that abridges the three year period

concerning his eligibility for discharge from bankruptcy that otherwise would apply pursuant to a. 149 (3) of the J\ankruQtcv Act 1966. The chronology has been outlined by Mr Cruickshank, who appears on behalf of the Official Trustee in this matter.

The circumstances appear to be that the date of bankruptcy was 6 September 1991. A statement of affairs was provided by the bankrupt on 23 September 1991. In the ordinary course of events that statement of affairs should have been filed in the Court within a very short time of it having been provided. For reasons that do not presently matter, this was not done until 19 June 1992. The ordinary consequence pursuant to s.149(3) would be

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that the bankrupt would not be entitled to be discharged for a period of three years from the date of filing of the statement of affairs. The three year period would not expire therefore until 19 June 1995.

Had the statement of affairs been filed as the bankrupt might have expected, then he would have been discharged on or about 24 September 1994. Mr Ridge has indicated that he does not seek to have an order abridging time prior to today's date. Accordingly, having regard to the decision of Burchett J in Re Rohde (1993) 42 FCR 149, which provides authority for the course of action I am about to adopt, I order that the period of three years from the date of filing of the statement of affairs provided for in s.149(3), should be abridged to a date expiring today, Tuesday 22 November 1994.

Mr Cruickshank has indicated that he considers it an appropriate course that I should declare that the filing of the statement of affairs that took place, so I am informed on 19 June 1992, was an effective filing for the purposes of s.l49(3)(a) of the W u ~ t c v A c t 1966. Accordingly, the bankrupt has fulfilled the requirement of filing his statement of affairs and I so declare. I also declare that by virtue of s.149(3), the bankrupt will be discharged from bankruptcy as from today, 22 November 1994.

I certify that this and the preceding 1 page

are a true copy of the Reasons for Judgment

of the Honourable Justice Sackville.

Associate:

Dated: 1 December, 1994

Heard :	22 November, 1994
Place:	Sydney
Decision:	22 November, 1994
Appearances:	l4r Cruickshank instructed by Heidtman & CO, Solicitors, appeared for the Official Trustee.
The debtor appeared in person.

The Federal Court of Australia was presented with an application filed by Mr Owen John Ridge, a bankrupt, under section 33(1)(c) of the Bankruptcy Act 1966. Mr Ridge sought an order to abridge the three-year period concerning his eligibility for discharge from bankruptcy, which would otherwise apply under section 149(3) of the same Act. The application arose from a delay in filing a statement of affairs by Mr Ridge, which resulted in an extended period before he could be discharged from bankruptcy.

The primary legal issue before the Court was whether the three-year period stipulated in section 149(3) could be abridged, given the circumstances of the late filing of the statement of affairs. Mr Ridge's application was supported by the precedent set in Re Rohde (1993) 42 FCR 149, which indicated that such an abridgment could be appropriate in certain cases. The Court also had to determine whether the late filing of the statement of affairs should be considered effective for the purposes of section 149(3)(a).

In his judgment, Justice Sackville acknowledged that the statement of affairs provided by Mr Ridge on 23 September 1991 should have been filed promptly, but due to administrative errors, it was not filed until 19 June 1992. Given the circumstances, Justice Sackville decided to abridge the three-year period from the date of the late filing, bringing the discharge date forward to 22 November 1994. The Court declared that the late filing was effective for the purposes of section 149(3)(a) and that Mr Ridge fulfilled the requirement of filing his statement of affairs. Consequently, Mr Ridge was discharged from bankruptcy as of the date of the judgment, 22 November 1994.

Re Ridge, O

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