The High Court has extended Godfrey Lalor’s bankruptcy until midnight on 26 June 2029, the 13th anniversary of his adjudication as bankrupt.
In a judgment delivered on 26 November 2021, Mr Justice Humphreys made the order under section 85A(4) of the Bankruptcy Act 1988. The court had previously decided that grounds existed to extend the bankruptcy; the issue in this hearing was the length of that extension.
The Official Assignee had sought an extension in June 2017, alleging non-cooperation and failure to disclose assets. After a 2019 hearing, Ms Justice Pilkington found against Mr Lalor under section 85A but deferred deciding the extension period to allow further cooperation. Mr Justice Humphreys said Mr Lalor had then had two years and four months to cooperate fully but had not done so. He declined a further adjournment.
The judge said the earlier finding of non-cooperation was already determined and found further non-cooperation after the 2019 judgment. He cited an August 2019 email that did not answer the Official Assignee’s inquiries and directed him to third parties. In assessing the term, the judge also referred to the bankrupt’s concealment of an interest in Monte Rosa, misleading evidence under cross-examination, and assertions about lacking control over relevant company assets and accounts that he considered lacking in credibility. These are the court’s findings and assessments.
The court said the circumstances fell within the most serious bracket for extensions and might have justified the full 15 years permitted by law. Taking account of what the judge described as any limited information supplied and the bankrupt’s circumstances insofar as relevant, he ordered an extension to the 13th anniversary instead.
The order sets the end of the bankruptcy term at midnight on 26 June 2029. The judgment does not state that the bankruptcy ended on the date of the ruling.