Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
OF NEW SOUTH WALES AND THE AUSTRALIAN
) ) ) BANKRUPTCY DISTRICT OF THE STATE ) ) )
CAPITAL TERRITORY No. W600 of 1976
RE: KENNETH JAMES PITT ORDER
Judge making order: Beaumont, J.
Date of order: 21 July, 1983.
Where made: Sydney.
THE COURT ORDERS :
1. The public examination of the bankrupt shall be
deemed to have been concluded on 6 September, 1977.
2. I order the discharge of the bankrupt.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE
OF NEW SOUTH WALES AND THE AUSTRALIAN
CAPITAL TERRITORY No. W.600 of 1976
RE: KENNETH JAMES PITT
CORUM: BEAUMONT, J.
DATED; 21 July, 1983.
REASONS FOR JUDGMENT
A sequestration order was made against the estate of Kenneth James Pitt ("the bankrupt") on 2 December, 1976 upon the petition of a creditor, Yorkstar Motors Pty. Limited. He now applies for an order of discharge from bankruptcy pursuant
to s.150 of the Bankruptcy Act, 1966 (Cth.}) ("the Act"). The
application is not opposed by any creditors or by the Official
Receiver.
On 18 September, 1978, an objection to discharge from bankruptcy by force of s.149 of the Act was lodged by the Official Trustee on the ground that "the claims lodged against the bankrupt estate exceed $40,000.00". The objection has not been withdrawn and hence has prevented an "automatic" discharge from bankruptcy under s.149 at the expiration of the statutory
period.
In his statement of affairs, the bankrupt disclosed the
the following assets:
House »roperty at 135-137 Maybe Street, Bombala
Less amount owing under lst mortgage to Esanda Ltd.
Less one half share of wife Mercedes Benz Truck
Less amount owing under lease agreement to Esanda Ltd.
Deficiency
Mercedes Benz truck
Less amount owing under hire purchase agreement to
Esanda Ltd.
Hallmark Trailer
Less amount owing under hire purchase agreement to Esanda Ltd.
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