High Court finds that there is a limited basis for an extension of a bankruptcy, on the ground that here had been a failure to disclose certain documentation.
High Court – bankruptcy – Bankruptcy Act 1988 - application for extension of the bankruptcy of the respondent – applicant sought a two-year extension from the date on which the bankrupt would in the normal course be entitled to a discharge from bankruptcy – applicant was the former wife of the bankrupt and a significant creditor in the bankruptcy – court’s function is to rule on the application and not to be distracted by the maelstrom of history and context between the parties – whether the applicant had discharged the onus of proof so as to satisfy the court that the bankrupt had failed to cooperated with the Official Assignee in the realisation of the assets of the bankrupt or hidden from or failed to disclose to the Official Assignee income or assets which could be realised for the benefit of the creditors of the bankrupt – not satisfied that the bankrupt had failed to cooperate with the Official Assignee – there had been a failure to disclose within the meaning of the 1988 Act in one material respect – a penal sanction was warranted – period from the date of the first anniversary of the adjudication to the date of the delivery of the judgment was a sufficient sanction in the circumstances – bankrupt’s adjudication stood discharged as of the date of judgment.