Re Graham Thomas Milne [1982] FCA 321

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IN THE FEDERAL COURT OF AUSTRALIA

JUDGMENT No. 22mm Ad

SOUTH AUSTRALIA DISTRICT REGISTRY

BANKRUPTCY DISTRICT OF THE STATE

) ) GENERAL DIVISION ) NO. 120 OF 1975 ) ) ) )

OF SOUTH AUSTRALIA

RE: GRAHAM THOMAS MILNE

Applicant

REASONS FOR JUDGMENT AT ADELAIDE 20 APRIL 1982 LOCKHART J. This is an application for discharge by Graham Thomas Milne, who became bankrupt by the making of a sequestration order on 18 April 1975. 'Two objections to the discharge of the bankrupt have been lodged by the Official Receiver as trustee of the estate of the bankrupt pursuant to s. 149 of the Bankruptcy Act 1966. The first objection was lodged on 29 June 1976 as a result of the bankrupt's failure to notify a change of address. The second objection was lodged on 25 March 1980 on the basis that, "the conduct of the bankrupt has been unsatisfactory".

The realizations from the estate total $10,760.53, representing in the main the proceeds of sale of the business previously conducted bythe bankrupt, including the sale of stock and certain trade marks. In addition, some $3,000.90 represents a refund of preferences.

A Large number of creditors have proved their debts, and their proofs have been admitted in a total sum of $37,582. In addition there are two deferred creditors whose claims total $14,012, but $14,000 of that figure represents a proof lodged

by the bankrupt's wife in relation to moneys lent by her to him.

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Dividends totalling 21.47 cents in the dollar have been paid to creditors whose proofs have been admitted.

I need not set out ail the relevant facts that relate to the bankrupt's conduct before and during his bankruptcy; they have been fully canvassed in the evidence, and are to a large extent contained in the Official Receiver's report on the bankrupt's application for discharge. I shall mention only some of them, but it does not follow from my not mentioning the other facts that I have not taken them into consideration; I have considered all relevant facts.