Smith v Munro

[2016] FCCA 3472

FEDERAL CIRCUIT COURT OF AUSTRALIA

SMITH v MUNRO [2016] FCCA 3472

Catchwords:

BANKRUPTCY – Bankruptcy notice – review of decision – application dismissed.

Legislation:

Bankruptcy Act 1966 (Cth), s.52

Applicant: NEVILLE REGINALD SMITH

Respondent: DAVID ALEXANDER MUNRO

File Number: BRG 1162 of 2015

Judgment of: Judge Vasta

Hearing date: 4 April 2016

Date of Last Submission: 4 April 2016

Delivered at: Brisbane

Delivered on: 4 April 2016

REPRESENTATION

The Applicant appearing on his own behalf

Solicitors for the Respondent: MAHONEY LAWYERS

ORDERS

1. That the Application be dismissed.

2. That the creditor’s costs be taxed and paid from the estate of the Respondent debtor in accordance with the Bankruptcy Act 1966.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRG 1162 of 2015

NEVILLE REGINALD SMITH

Applicant

And

DAVID ALEXANDER MUNRO

Respondent

REASONS FOR JUDGMENT

(Ex tempore)

1. I have looked at the material. Whilst Mr Munro has raised a number of issues, it still has not been shown to me that Registrar Belcher, on the evidence that was before him, has made any error. The Registrar had before him proof of the debt and had proof of all the other steps needed to be completed before a sequestration order is able to be made. I can’t see any error in what the Registrar has decided.

2. I have to look at what is before me in a very narrow sense. If there are other matters, the Official Trustee in Bankruptcy can assess their validity.  If need be, the Official Trustee in Bankruptcy can launch proceedings. There is nothing that stops this happening.

3. This will ensure that a person who, having the welfare of not only the bankrupt but also the creditors of the bankrupt, can objectively assess and can continue to chase, by whatever means they feel, any money ought be given to Mr Munro to satisfy the debt and to discharge Mr Munro’s bankruptcy.

4. As I say, I am satisfied of all those matters under s.52 of the Bankruptcy Act 1966 (Cth), and I therefore affirm the order made by Registrar Belcher on 3 February 2016.

5. I order that the creditor’s costs be taxed and paid from the estate of the Respondent debtor in accordance with the Bankruptcy Act 1966.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Vasta

Date:  24 March 2017