Federal Court of Australia
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IN THE FEDERAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT OF THE STATE
No. W 450 of 1977 OF NEW SOUTH WALES AND THE
wey
AUSTRALIAN CAPITAL TERRITORY
Re: DAVID HOLROYD HARDWICK Ex parte: DAVID HOLROYD HARDWICK
Applicant CORRIGENDA
Amendment to the judgment of his Honour Mr Justice Morling
>
of 4 April 1984 -
page 3, line 22 "Official" altered to "registered"
Lbone € ba, LY
A. E. KNIGH 2 May' 1984 ASSOCTATE TO MORLING J.
CATCHWORDS
Bankruptcy - application for discharge - unresolved question about interest of bankrupt in land - money advanced to bankrupt - whether a debt or a gift - whether appropriate to'withhold order of discharge - matters upon
which court to be satisfied before making order
Bankruptcy Act 1966, 3. 149, 3. 150(5), (6)(bD), (ce)
Re: DAVID HOLROYD HARDWICK Ex parte: DAVID HOLROYD HARDWICK, Applicant
No. W450 of 1977
Morling J. 4 April 1984. Sydney.
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IN THE FEDERAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY
No. W 450 of 1977
Re: DAVID HOLROYD HARDWICK Ex parte: DAVID HOLROYD HARDWICK
Applicant ORDER JUDGE MAKING ORDER $ Morling J. DA OF ORDER : 4 April 1984 WHERE MADE. : Sydney THE COURT ORDERS THAT: Ll. The applicant is discharged from bankruptcy. 2. The Official Trustee's costs to be paid by
the bankrupt.
IN THE SEDERAL COURT OF AUSTRALIA
BANKRUPTCY DISTRICT OF THE STATE No. W 450 of 1977 OF NEW SOUTH WALES AND THE
ee ene ee
AUSTRALIAN CAPITAL TERRITORY
Re: DAVID HOLROYD HARDWICK Ex parte: DAVID HOLROYD HARDWICK
Applicant
MORLING J. 4 April 1984
REASONS FOR JUDGMENT
This is an application for discharge fron bankruptcy by Mr David Holroyd Hardwick. A sequestration order was made against his estate on 10 August 1977 upon the petition of Mercredits Finance Limited. An objection in accordance with s. 149 of the Bankruptcy Act, 1966, in the form it then tock, was lodged by the Official Trustee in Bankruptcy. Accordingly the automatic discharge from bankruptcy, which otherwise would have eventuated had the objection not been lodged, did not occur. The objection hag still not been withdrawn but should I make an order of discharge on this application, which is brought under s. 150 of the Act, the objection will lapse by virtue of «he
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