FEDERAL COURT OF AUSTRALIA
Wangman v Official Receiver, Insolvency & Trustee Service Australia [2006] FCA 202
BANKRUPTCY – statement of affairs – requirements of s 54(1) Bankruptcy Act 1966 (Cth) – whether statement of affairs should be treated as being filed at a time earlier than it was actually filed – s 33A Bankruptcy Act 1966 (Cth) – whether defects in statement of affairs such that document not a ‘statement of affairs’ for purposes of either s 54(1) or s 33A Bankruptcy Act 1966 (Cth)
Bankruptcy Act 1966 (Cth)
Chronis v DS Queen Street Mall Pty Ltd [2004] FMCA 1107
House v R (1936) 55 CLR 499
Nilant v Macchia (2000) 104 FCR 238, 178 ALR 371
Sobey v Duncan [2005] FMCA 1170LINDSAY JOHN WANGMAN v OFFICIAL RECEIVER, INSOLVENCY & TRUSTEE SERVICE AUSTRALIA
QUD 113 OF 2005
COLLIER J
15 MARCH 2006
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
QUD 113 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
LINDSAY JOHN WANGMAN
APPELLANTAND:
OFFICIAL RECEIVER, INSOLVENCY AND TRUSTEE SERVICE AUSTRALIA
RESPONDENTJUDGE:
COLLIER J
DATE OF ORDER:
15 MARCH 2006
WHERE MADE:
BRISBANE
THE COURT ORDERS THAT:
1.The appeal be dismissed.
2.The appellant pay the respondent’s costs of the appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
QUD 113 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
LINDSAY JOHN WANGMAN
APPELLANTAND:
OFFICIAL RECEIVER, INSOLVENCY AND TRUSTEE SERVICE AUSTRALIA
RESPONDENT
JUDGE:
COLLIER J
DATE:
15 MARCH 2006
PLACE:
BRISBANE
REASONS FOR JUDGMENT
This is an appeal from the judgment of Jarrett FM (Wangman v Official Receiver [2005] FMCA 504), delivered 18 April 2005, wherein the learned Magistrate dismissed an application for orders that the statement of affairs of the appellant (‘the appellant’) filed on 2 February 2005 be backdated to 1998, and the Court discharge him from bankruptcy forthwith.
The Federal Court of Australia (‘the Federal Court’) has jurisdiction to hear appeals from decisions of the Federal Magistrates Court exercising original jurisdiction under the Bankruptcy Act 1966 (Cth) (‘Bankruptcy Act’): s 24(1)(d) Federal Court of Australia Act 1976 (Cth) (‘Federal Court Act’). The appellate jurisdiction of the Federal Court is exercised by a Full Court unless the Chief Justice considers it is appropriate for the appellate jurisdiction of the Federal Court in relation to the appeal to be exercised by a single judge: s 25(1) and s (1A) Federal Court Act. The Chief Justice has directed that this appeal be heard by a single judge.
Appeals from Federal Magistrates are appeals by way of rehearing: Low v Commonwealth [2001] FCA 702 at [3]; WAJR v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 204 ALR 624 at 628; George v Deputy Commissioner of Taxation [2004] FCA 1433 at [11]. Accordingly, the parties are able to supplement the evidence before the Court by seeking to…
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- AGLC
- Wangman v Official Receiver [2006] FCA 202
- Case
- [2006] FCA 202
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the appellant had a reasonable belief that his 1998 statement of affairs had been filed before it was actually filed, and whether the Federal Magistrate had correctly exercised his discretion under section 33A(2) of the Bankruptcy Act. The court also needed to consider whether the defects in the 1998 statement of affairs were so significant that the document could not be considered a valid statement of affairs at all.
The court found that the appellant had reasonably believed that his 1998 statement of affairs had been filed until 9 July 1999, when he was informed that it had not been accepted by ITSA. However, the court held that even if the appellant had continued to hold that belief after this date, it would not have been reasonable for him to do so. The court also found that the appellant knew that his bankruptcy would not commence until a properly completed statement of affairs had been filed with ITSA. Consequently, the court held that the discretion given to it by section 33A(2) of the Bankruptcy Act was not enlivened. Even if it had been, the court held that it would be disinclined to exercise that discretion in favour of the appellant, on the basis that he had been uncooperative. The court further held that the defects in the 1998 statement of affairs were so significant that the document could not be said to be a statement of affairs at all.
The appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the appeal.
Orders
Orders of the court
1. The appeal be dismissed.
2. The appellant pay the respondent’s costs of the appeal.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: COLLIER J
Full text does not contain this section.