Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
BANKRUPTCY DISTRICT THE STATE OF
NEW SOUTH WALES AND THE AUSTRALIAN
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CAPITAL TERRITORY No. w309 of 1980
RE: MILOSLAV ANTHONY KOLOMY EX PARTE: THE OFFICIAL RECEIVER ORDER Judge making order: Beaumont, J. Date order made: 18 October, 1983. Where made: Sydney.
THE COURT ORDERS THAT:
1. The public examination of the bankrupt shall be deemed to have been concluded on 26 June, 1980.
2. I order the discharge of the bankrupt.
3. The operation of the order of discharge shall be
suspended until 1 January, 1985.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT THE STATE OF
NEW SOUTH WALES AND THE AUSTRALIAN
ee ee ee eS
CAPITAL TERRITORY No. W309 of 1980
RE: MILOSLAV ANTHONY KOLOMY EX PARTE: THE OFFICIAL RECEIVER CORAM: Beaumont, J.
DATED: 18 October, 1983.
REASONS FOR JUDGMENT
This 1s an application for discharge from bankruptcy.
The applicant was made bankrupt by a sequestration order made on 14 April, 1980. In 1981, the applicant applied for a dis- charge but was refused (see Re _ Kolomy (1981) 56 F.L.R. 157). The evidence then showed that the applicant had unsecured creditors in an amount exceeding $100,000 and negligible assets. McGregor, J. held that the application should be refused for a number of reasons. He referred to the circum- stance that the application was premature and relied upon the
discreditable record of the bankrupt in commercial proceedings '
in coming to his conclusion that the application should be
refused. He concluded his reasons as follows (at p.167):
"In my view the application is, to say the least, premature. It would be inappropriate to grant a discharge to this applicant having regard to his commercial history, recent and otherwise which
my attention has been drawn to and the nature of offences and comments which have been made, for example, by McClelland J. in the Industrial Commission concerning his conduct. He 1s not, at this time anyway, 'a proper person ... to be allowed to trade' (per Cave J. in Freeman's case). My decision would be the same 1f having regard to the meaning of
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