Towie and Anor and Inspector-General in Bankruptcy

[2000] AATA 195

DECISION AND REASONS FOR DECISION [2000] AATA 195

ADMINISTRATIVE APPEALS TRIBUNAL)

Nº V98/168

GENERAL  ADMINISTRATIVE  DIVISION)                 

CHRISTOPHER REES TOWIE    
  Applicant

OFFICIAL RECEIVER
  First respondent

INSPECTOR-GENERAL IN BANKRUPTCY     
  Second respondent

DECISION

Tribunal:       Deputy President G.L. McDonald

Date:10 March 2000

Place:Melbourne

Decision:      The decision under review is set aside, and the matter is remitted to the first respondent with a direction that there is no objection to the applicant's discharge from bankruptcy.           

(sgd) G.L. McDonald
  Deputy President
BANKRUPTCY — application to review various decisions made under the Bankruptcy Act 1966 — application to review decision of trustee to issue contribution assessment and decision of Inspector-General to refuse to reconsider contribution assessment lodged out of time — application to review decision to issue notice under s.139ZL of the Bankruptcy Act beyond the Tribunal's jurisdiction — review of decision of Official Receiver to object to discharge — statutory grounds of objection — circumstances of bankrupt — failure to pay assessed contribution — exercise of discretion
Administrative Appeals Tribunal Act 1975 ss.29(2)(a), 37
Bankruptcy Act 1966 ss.139J, 139L 139W, 139X, 139Z, 139ZA, 139ZD, 139ZE(1)(b),

139ZF, 139ZG, 139ZL, 149A(2)(a)(i), 149B, 149D(1), 149Q(a)

Re Hall (1994) 14 ACSR 488

REASONS FOR DECISION

10 March 2000  Deputy President G.L. McDonald

1. The applicant is applying for the review of various decisions made under the Bankruptcy Act 1966 (Cth) ("the Bankruptcy Act"), resulting in an objection pursuant to s.149B of the Bankruptcy Act, dated 9 January 1998, to his discharge from bankruptcy. The Tribunal is empowered to review that latter decision by s.149Q(a) of the Bankruptcy Act.

2. At the hearing Dr Towie, who is a general medical practitioner, represented himself. The Official Receiver was initially represented by Ms A. Mendes Da Costa and subsequently by Ms F. McLeod, both of counsel. To the limited extent that the hearing involved him, the Inspector-General in Bankruptcy was represented by Mr G. Carroll of the Australian Government Solicitor. Dr Towie, Ms M. Lorenzetto, who had been the practice manager in the Coburg Five Star Medical Clinic; Mr H. Birdogan, who, at the relevant time, was a director of the trustee company Gunesh Pty Ltd ("Gunesh"), which, until its liquidation in 1996, was manager of the Meadow Heights and Mordialloc Five Star Medical Clinics; and Mr W. Ballantyne, who is an employee of the Official Receiver, all gave oral evidence for the applicant. Mr D. Eng, who is an assistant official receiver, a qualified CPA accountant, gave oral evidence for the first respondent. The Tribunal had before it the documents filed for the purposes of s.37 of the Administrative Appeals Tribunal Act 1975 (Cth) ("the AAT Act") (the "T" documents) and other extensive documentation tendered during the course of the hearing.

3. In his application to this Tribunal of 18 February 1998, Dr Towie has nominated the following four decisions for review:

   (a)assessment of income of 1995-1996 made by the Official Receiver [dated 14 March 1997 (T4)];

   (b)refusal to reconsider [i.e. refusal by the Inspector-General in Bankruptcy pursuant to s.139ZE(1)(b) of the Bankruptcy Act (T6)];