Young and Inspector-General in Bankruptcy

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2006] AATA 502

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No W2005/316

GENERAL ADMINISTRATION DIVISION		)
Re		PAUL WILLIAM YOUNG

Applicant

And INSPECTOR-GENERAL IN BANKRUPTCY

Respondent

DECISION

Tribunal Mr S Penglis, Senior Member

Date8  June 2006

PlacePerth

Decision The Tribunal affirms the decision under review.

............(sgd S Penglis)................

Senior Member

Reference

Section 149(D(1)(d)

This objection has the effect of extending the bankruptcy to 8 years from the date the Statement of Affairs was lodged with the Official Receiver.

Ground 2

After the date of the bankruptcy, the bankrupt intentionally provided false or misleading information to the trustee

Reference

Section 149D (1)(da)

This objection has the effect of extending the bankruptcy to 8 years from the date the Statement of Affairs was lodged with the Official Receiver.

Ground 3

The bankrupt failed to disclose any particulars of income or expected income as required by a provision of this Act referred to in subsection 6A (1) or by section 139U;

Reference

Section 149D(1)(e)

The objection has the effect of extending the bankruptcy to 8 years from the date the Statement of Affairs was lodged with the Official Receiver.”

4.      The effect of the Objection was to extend the term of the applicant’s bankruptcy until 28 November 2009.

5.      By letter dated 4 February 2004 from his then solicitors, the applicant sought a review by the respondent of the Objection.

6.      By letter dated 24 March 2005, the respondent advised the applicant of the respondent’s decision to uphold the Objection.  That is the review decision the subject of this application.

LEGISLATION 

7.      The grounds of objection to discharge relied upon by Mr Ambrose and affirmed by the respondent are set out in s 149D of the Act.  The section relevantly provides:

“(1)     The grounds of objection that may be set out in a notice of objection are as follows:

…

(d)the bankrupt, when requested in writing by the trustee to provide written information about the bankrupt’s property, income or expected income, failed to comply with the request;

(da)after the date of the bankruptcy, the bankrupt intentionally provided false and misleading information to the trustee;

(e)the bankrupt failed to disclose any particulars of income or expected income as required by a provision of this Act referred to in subsection 6A (1) or by section 139U.”

8.      For the purposes of paragraph 149D(1), the Bankruptcy Regulations 1966 relevantly provide, by Regulation 7.01A, that:

“For paragraph 149D (1) (d) of the Act, a bankrupt is taken to have failed to comply with a request to provide information if the bankrupt has provided information that is incomplete or inaccurate”.

9.      A bankrupt’s general duties to provide information relating to his or her property is set out in paragraph 77 of the Act:

(1)A bankrupt shall, unless excused by the trustee or prevented by illness or other sufficient cause:

(a)        forthwith after becoming a bankrupt, give to the trustee:

(i) all books (including books of an…