Re Maxwell, Derryl Michael [1983] FCA 151

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISTON

OF NEW SOUTH WALES AND THE

) ) ) ) BANKRUPTCY DISTRICT IN THE STATE ) ) ) ) )

AUSTRALIAN CAPITAL TERRITORY

No. W236 of 1975

RE: DERRYL MICHAEL MAXWELL

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 17 July 1978.

I order the discharge of the bankrupt.

The operation of the order of discharge shall be

suspended for a period of nine months from this date.

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION BANKRUPTCY DISTRICT IN THE STATE

OF NEW SOUTH WALES AND THE

No. W236 of 1975

AUSTRALIAN CAPITAL TERRITORY

RE: DERRYL MICHAEL MAXWELL

CORUM: BEAUMONT, J. DATED: 21 July, 1983.

*

REASONS FOR JUDGMENT

Derryl Michael Maxwell ("the bankrupt") has made an application for discharge from bankruptcy pursuant to s.150 of the Bankruptcy Act 1966 (Cth.) ("the Act"). No objection to this application for discharge has been lodged by any creditors. The Official Receiver does not oppose the application.

The estate of the bankrupt was sequestrated on 18 June, 1975, upon the petition of a creditor, Orange Commonwealth Employees Credit Union Limited. The bankrupt would have been discharged under the provisions of s.149 of the Act, before its amendment in 1980, upon the expiration of five years from the date of the bankruptcy. On 5 June, 1980, an objection to discharge from bankruptcy by force of s.149 of the Act was lodged by the Official Receiver on the ground that "there is

a deficiency in the estate in excess of $30,000.00." This

objection prevented the bankrupt's "automatic"discharge from

bankruptcy in 1980. So far as concerns the deficiency of

$30,000 referred to in the objection, the bankrupt claims

that a debt of $24,924.00 was discharged by his father under