Federal Court of Australia
CATCHWORDS
Bankruptcy - Discharge by the Court - Whether power to order ammediate discharge subject to conditions - Official Receiver
as respondent to appeal to Full Court - Liability for costs.
Bankruptcy Act 1966, s.150.
KENNETH RAYMOND HUNTER; JOHN ROBERT HUNTER; and GEOFFREY GRAHAM HUNTER v. THE OFFICIAL RECEIVER _ IN BANKRUPTCY OF THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND
Nos. G7-9 of 1980
Coram: Bowen C.J., Franki and Brennan JJ.
26 November 1980.
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA) )
) ) )
QUEENSLAND DISTRICT REGISTRY Nos. G7-9 of 1980
GENERAL DIVISION
ON APPEAL from the Supreme Court of Queensland exercising federal jurisdiction in bankruptcy
BETWEEN:
KENNETH RAYMOND HUNTER; JOHN ROBERT HUNTER; and GEOFFREY GRAHAM HUNTER
Appellants
AND:
THE OFFICIAL RECEIVER IN BANKRUPTCY OF THE SOUTHERN DISTRICT OF THE STATE OF
QUEENSLAND Respondent ORDER JUDGES MAKING ORDER: Bowen C.J., Franki and Brennan JJ. DATE OF ORDER: 26 November 1980. WHERE MADE: Sydney.
THE COURT ORDERS THAT:
1. Each of the appeals be allowed.
2. The order of the Supreme Court of Queensland of 29 April
1980 an matter number 254 of 1977 be varied by inserting
- 2-
an order that the public examination of the bankrupt be deemed to have been concluded on 28 April 1980 and by deleting the condition and the provision granting liberty to apply.
Each of the orders of the Supreme Court of Queensland of 1 May 1980 in matters number 255 and 256 of 1977 be varied by inserting an order that the public examination of the bankrupt be deemed to have been concluded on 30 April 1980 and by deleting the condition and provision granting liberty to apply.
In each appeal the respondent pay to the appellant his
costs of the appeal.
IN THE FEDERAL COURT OF AUSTRALIA)
QUEENSIAND DISTRICT REGISTRY Nos. G7-9 of 1980
eee
GENERAL DIVISION
ON APPEAL from the Supreme Court of Queensland exercising federal jurisdiction in bankruptcy
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