Re Rose, Robert Michael [1983] FCA 197

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CATCHWORDS

Bankruptcy - Application for discharge from bankruptcy - Exercise of court's discretion - Consideration of circum- stances behind bankrupt's unsuccessful trading record -

Regard to interests of bankruptcy and creditors.

Bankruptcy Act 1966 - section 150

re: Robert Michael Rose

No. W7 of 1976

Beaumont, J. 8 August, 1983.

Sydney.

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) BANKRUPTCY DISTRICT OF THE STATE )

OF NEW SOUTH WALES AND THE )

AUSTRALIAN CAPITAL TERRITORY ) NO.W 7 OF 1976

RE: ROBERT MICHAEL ROSE

APPLICATION FOR DISCHARGE

QRDER Judge making order: Beaumont, J. Date made: 8 August, 1983. Where made: Sydney. THE COURT ORDERS: 1. The public examination of the bankrupt shall be

deemed to have been concluded on 20 July, 1976.

2. I arder 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. W7 of 1976. RE: ROBERT MICHAEL ROSE

.

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 his own petition on 19 January, 1976. In his report dated 28 July, 1983, the

Official Receiver: reported (inter alia) the following:

(a) An: objection to the discharge of the bankrupt from his bankruptcy by force of s.149 of the Act was lodged by the Trustee on 17 June, 1980 on the ground that "The bankrupt has a deficiency in excess of $3,000,000.00". The

objection has not been withdrawn.

2. /

(b) In his statement of affairs, the bankrupt disclosed

the following assets:

(i) Leasehold factory premises at Pagewood $400,000.00

Less amounts owing under:

First mortgage to

Burns Philp

Finance Ltd. $381,000.00

Second mortgage to Westpac Banking