Federal Court of Australia
CATCHWORDS
Bankruptcy - Application for discharge from bankruptcy - Opposition by Official Receiver - Consideration of conduct disentitling discharge - Unsatisfactory trading record - Application allegedly premature - Exercise of court's
discretion.
Bankruptcy Act 1966 - section 150.
Re: Sandor Bentley No. W 928 of 1980
Beaumont, J. 8 August, 1983.
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
NEW SOUTH WALES AND THE AUSTRALIAN
) ) ) ) BANKRUPTCY DISTRICT THE STATE OF ) ) ) ) )
CAPITAL TERRITORY No. w928 of 1980.
RE: SANDOR BENTLEY
APPLICATION FOR DISCHARGE
ORDER JUDGE MAKING ORDER: BEAUMONT, J. DATE ORDER MADE: 8 August, 1983. WHERE MADE: Sydney.
THE COURT ORDERS:
1. I order that the application for discharge be refused.
IN THE FEDERAL COURT OF AUSTRALIA )
GENERAL DIVISION )
BANKRUPTCY DISTRICT THE STATE OF )
NEW SOUTH WALES AND THE AUSTRALIAN )
CAPITAL TERRITORY ) No.W928 of 1980
RE
SANDOR BENTLEY
APPLICATION FOR DISCHARGE
CORAM: BEAUMONT, J.
DATED: 8 AUGUST, 1983.
REASONS FOR JUDGMENT
This is an application for discharge made pursuant to s.150 of the Bankruptcy Act 1966 ("the Act"). The applicant was made bankrupt on 23 September, 1980 upon the petition of W.J. Friend Pty. Ltd., a creditor for $34,434.00. 'On 12 November, 1980 the bankrupt made application for an order that the bankruptcy be annulled. He was given leave to withdraw his application on 2
February, 1981.
The bankrupt disclosed the following assets in his statement of affairs:
Ford sedan motor vehicle $3,000.00 Less amount owing under hire
purchase to Australian Guarantee Corp. Ltd. 3,300.00
Deficiency $ 300.00
2.
House property at Northbridge
registered in the bankrupt's
name only and purchased on
13 March, 1974 $270,000.00
Less amount owing under
first mortgage to
Newcastle Permanent
Building Society. Ltd. $40,000.00
Less amount owing under second mortgage to
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