Federal Court of Australia
wU
CATCHWORDS
Bankruptcy - application for discharge - whether bankrupt's wife or companies controlled by her held real estate upon trust for the bankrupt - whether bankrupt in fact received benefits substantially in excess of his stated salary and allowances - matters to be considered in determining an
application for discharge - whether contention of fraud
established.
Bankruptcy Act 1966 s. 150 RE: PHILLIP HASSETT HARDING
LOCKHART J, NO. 64 OF 1977 AT SYDNEY
FRIDAY 6 NOVEMBER 1981
REE ORES oe at pie th lined BEELER 5 INES Ee EMMI INTERSTELLAR A ETE
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
) ) ) ) BANKRUPTCY DISTRICT OF THE STATE OF) NO. 64 OF 1977 ) NEW SOUTH WALES AND THE
)
AUSTRALIAN CAPITAL TERRITORY
RE: . PHILLIP HASSETT HARDING
REASONS FOR JUDGMENT
LOCKHART J.
I propose to give judgment now; though I am conscious that an so doing I may do less than justice to the submissions of counsel. However, the case has lasted more than six days and I have had the
benefit of full and careful submissions of counsel.
Phillip Hassett Harding ("the bankrupt") was made bankrupt on
presentation of his own petition on 16 February 1977.
The Official Trustee, as trustee of the estate of the bankrupt lodged an objection to the discharge of the bankrupt from his
bankruptcy by force of s. 149 of the Bankruptcy Act 1966 on the ground
that the bankrupt had a deficiency in excess of $100,000.00.
Another objection to the bankrupt's discharge was lodged by W. R. Carpenter Australia Limited ("Carpenters"), a creditor of the bankrupt, whose debt has been admitted to proof in the sum of
$1,024,137.00.
Neither objection has been withdrawn.
The bankrupt seeks an order of discharge from his bankruptcy pursuant to s. 150. The application is opposed by the Official Trustee, Carpenters and three other proved creditors - Robert Fitzgerald Shaw, Eve Mavis Harman and Phillips Kitchen & Co., Stock and Share Brokers. The Official Trustee, Carpenters and Mr. Shaw ( I shall
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