Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA BANKRUPTCY DISTRICT 'THE STATE OF NEW SOUTH WALES AND THE AUSTRALTAN CAPITAL TERRITORY'
RE:
ORDER
JUDGE: Beaumont J.
DATE OF ORDER: 14th September 1983 WHERE MADE: Sydney THE COURT ORDERS THAT:
1. Objections to competency upheld.
2. Applications dismissed.
No. 106 of 1983
DOUGLAS RONALD DAVIES JANN ELIZABETH DAVIES
IN THE FEDERAL COURT OF AUSTRALIA BANKRUPTCY DISTRICT 'THE STATE OF No. 106 of 1983 NEW SOUTH WALES AND THE AUSTRALIAN
CAPITAL TERRITORY'
RE: DOUGLAS RONALD DAVIES
JANN ELIZABETH DAVIES
CORAM: BEAUMONT J.
REASONS FOR JUDGMENT
BEAUMONT J.
On 22nd April 1983 each of the bankrupts in this matter
made application for orders of discharge pursuant to s.150 of the Bankruptcy Act, 1966 ("the Act"). Each was made bankrupt on 22nd February 1983. When the matter first came before the Court, the Official Trustee took a preliminary point by way of an objection
to the competency of the applications on the qround that they
were premature. I have now heard argument on the po2nt and at the conclusion of the argument I indicated that I would uphold
the objection but give reasons later in the day.
Section 150(1) of the Act provides:
"150. (1) A person who becomes, or has before the commencement of this sub-section
become, a bankrupt may apply to the Court for an order of discharge at any time after -
(a) his public examination has been concluded;
(b) the trustee has notified him in writing, that the trustee does nor intend to make an application for nis examination under section 69; or
{c) the expiration of the period of 12
months commencing on the date of the bankruptcy."
So far as para. (a) of s.150(1) 1s concerned, the public examinations have not been concluded. Examinations were held on 13th April 1983 and then adjourned tiundefinitely. Further examinations were held on 9 September 1983 and adjourned generally. The applicants argued that, as a matter of discretion at least, the Registrar should have concluded the examinations ether yon 13th April 1983 or on 9th September 1983. Section
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