Re Ward, Thomas Flahive Ex Parte Bank of New Zealand

[1995] FCA 885

IN THE FEDERAL COURT OF AUSTRALIA          )

BANKRUPTCY DISTRICT OF  )

THE STATE OF VICTORIA  )  No VB 3572 of 1992

GENERAL DIVISION  )

RE:THOMAS FLAHIVE WARD

Debtor

EX PARTE:BANK OF NEW ZEALAND

Creditor

COURT:Sundberg J

DATE:6 November 1995

PLACE:Melbourne

MINUTES OF ORDER

1. 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 two years and 31 days.

1. The Court declares that the filing of the Statement of Affairs on 30 November 1993 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 3572 of 1992

GENERAL DIVISION  )

RE:THOMAS FLAHIVE WARD

Debtor

EX PARTE:BANK OF NEW ZEALAND

Creditor

COURT:Sundberg J

DATE:6 November 1995

PLACE:Melbourne

REASONS FOR JUDGMENT

SUNDBERG J:

When this matter was before me on 1 November 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 31 December 1992, the date on which it was received by the trustee.  The trustee did not appear on 1 November 1995, but I have read correspondence from which it appears that he does not oppose the application.  Accordingly I make the following orders:

1. I abridge the period of 3 years referred to in s.149(4) of the Bankruptcy Act 1966 to the period of two years and 31 days;

1. I declare that the filing of the Statement of Affairs on 30 November 1993 was effective for the purposes of s.149(4).

The intention behind this Order is that the Bankrupt will be discharged on 31 December 1995.  The order is authorised by Re Rohde (1993) 42 F.C.R. 149 and a number of unreported decisions 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

6 November 1995

The Debtor was unrepresented and appeared in person.

The Creditor did not appear and was not represented.

Date of Hearing:  1 November 1995

Place of Hearing:  Melbourne

Date of Judgment:  6 November 1995

6 November 1995

Mr T F Ward
6 Bellevarde Parade
Mono Vale  NSW  2103

Dear Sir

Bankrupt Estate of
  Thomas Flahive Ward
  No VB 3572 of 1992

I refer to the hearing, on 1 November 1995, of your application to have the period of your bankruptcy abridged.  His Honour has made the orders requested and I enclose a copy of the judgment for your perusal.

Yours faithfully

Colin Campbell
Associate to the Honourable Justice Sundberg

6 November 1995

Mr K W Lamb
Ernst & Young
Solicitors
120 Collins Street
Melbourne  VIC  3000

Dear Sir

Bankrupt Estate of
  Thomas Flahive Ward
  No VB 3572 of 1992

I refer to the hearing, by his Honour, on 1 November 1995, of Mr. Ward's application to have the period of his bankruptcy abridged.  His Honour has subsequently made the orders requested, and I enclose a copy of the judgment for your perusal.

Yours faithfully

Colin Campbell
Associate to the Honourable Justice Sundberg