Federal Court of Australia
CATCHWORDS
Bankruptcy Act 1966 - application by Official Trustee that bankrupt not be discharged - conduct of bankrupt - dishonesty before and after sequestration - public
interest as criterion,
BANKRUPTCY ACT 1966 Section 149(12) Rule 51A
S.A. 142 of 1973
THE OFFICIAT TRUSTEE v. TENNYSON TURNER
st, JOHN, J,
SYDNEY MONDAY 31 OCTOBER 1983 f
IN_THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE OF SOUTH AUSTRALIA
No. 142 of 1973
BETWEEN:
THE OFFICIAL TRUSTEE
Applicant AND:
TENNYSON TURNER
Respondent ORDERS | JUDGE MAKING ORDERS: ST. JOHN, J. DATE OF ORDERS: MONDAY 31 OCTOBER 1983 WHERE MADE: AT SYDNEY
THE COURT ORDERS THAT:
(1) The bankrupt, Tennyson Turner shall not be discharged pursuant to section 149
of the Bankruptcy Act 1966,
(2) The applicant is at liberty to make application for an order for costs pursuant to rule 160 of the Bankruptcy
Rules.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE OF SOUTH AUSTRALIA
No. 142 of 1973
BETWEEN:
THE OFFICIAL TRUSTEE
Applicant AND: TENNYSON TURNER
Respondent
\
REASONS FOR JUDGMENT
ST. JOHN, J.
MONDAY 31 OCTOBER 1983
AT SYDNEY
This is an application pursuant to sub-section 12, section 149 of the Bankruptcy Act 1966 ("the Act") by Francis James Pearce, who is the Official Trustee for the Bankruptcy District of the State of South Australla and the Trustee of the property of Tennyson Turner, the bankrupt in these proceedings. The order sought is that the bankrupt shall not be discharged from bankruptcy by virtue of the provisions of that section which otherwise provide
for automatic discharge at the expiration of a
222 /2
particular period. The sequestration order against the bankrupt's estate was made on 30th March, 1973. Sub-section 13 of section 149 of the Act provides that, in deciding whether to make an order under sub-section 12 of the section, the court shall
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