Federal Court of Australia
sles
CATCIMWORDS
Bankruptcy - Discharge - Application four years after bankruptcy commenced - Objection by Official Trustee and several creditors - Substantial deposits and withdrawals recorded in applicant's bank accounts: - No contribution for benefit of creditors - Whether discharge prejudicial to administration of applicant's estate - Whether assets of applicant sufficiently disclosed - Whether applicant carried on business as publisher - Nature of applicant's interest in or relationship with Hong Kong company - Whether adequate public examination - Court's discretion in relation to discharge where none of matters specified in s.150(6) of Act established - Whether discharge should
be postponed beyond statutory term.
Bankruptcy Act 1966, ss. 150, 149, 81
RE: RICHARD JAMES CLEARY
No. 399 of 1978
CORAM: ELLICOTT J.
28 January 1983
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA)
BANKRUPTCY DISTRICT OF THE No. 399 of 1978
) ) ) STATE OF NEI SOUTH WALES AND ) ) TUE AUSTRALIAN CAPITAL TERRITORY )
RICHARD JAMES CLEARY
Applicant/Bankrupt ORDER JUDGE MAKING ORDER: Ellicott J. DATE OF ORDER: 28 January 1983 WHERE MADE: Sydney THE COURT ORDERS THAT. - 1. The application for discharge be refused. 2. The applicant pay the costs of the Official
Trustee.
IN THE FEDERAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT OF THE No. 399 of 1978
STATE OF NEW SOUTH WALES AND
) ) ) ) ) ) )
THE AUSTRALIAN CAPITAL TERRITORY
RICHARD JAMES CLEARY
Applicant /Bankrupt
CORAM: Ellicott J.
REASONS FOR JUDGMENT
Richard James Cleary (''the applicant") was made bankrupt on 8 June 1978 and has applied, pursuant to s.150(1) of the Bankruptcy Act 1966 ("the Act") for an order of discharge, twelve months having expired since @ the date his bankruptcy commenced.
An objection to his discharge was lodged by the Official Trustee on 3 June 1981 under s.149(3)(c) of the Act, the reason given being that his discharge would prejudice the administration of the applicant's estate, partic- ularly the investigation of reasons for substantial deposits and withdrawals recorded in an account of the applicant at the Commonwealth Savings Bank in Oxford Street
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