Recent Cases

Thompson v Lane (Trustee) [2023] FCAFC 32 (10 March 2023) (CHARLESWORTH, DOWNES and GOODMAN JJ)


BANKRUPTCY AND INSOLVENCY – appeal from refusal by primary judge to annul bankruptcy pursuant to s 153B(1) of the Bankruptcy Act 1966 (Cth) – where bankrupt lodged debtor’s petition based on legal advice – where bankrupt did not demonstrate that debtor’s petition ought not to have been presented or accepted – where discretion to annul bankruptcy did not arise – where bankrupt failed to comply with s 77(1)(a) Bankruptcy Act 1966 (Cth) and provide books to trustee in bankruptcy – where bankrupt failed to disclose all relevant material with respect to her financial affairs – where bankrupt unable to demonstrate appealable error in relation to finding that she was not solvent – appeal dismissed