Federal Court of Australia
CATCHWORDSBankruptcy - application seeking order that the bankrupt not be discharged from bankruptcy pursuant to s.149(12) of the Bankruptcy Act 1966 - conduct of bankrupt leading up to and during his bankruptcy - general principle that a bankrupt should be free on giving up the whole of his property - regard
to the interests of the public and commercial morality.
RE: ALFRED YEHISKEL ZION and BARBARA ZION; AND RE: THE SEPARATE ESTATE OF ALFRED YEHISKEL ZION; EX PARTE: CHEVRON
HOTEL (MELBOURNE) PTY. LTD. and H.S.P. (NOMINEES) PTY. LTD.
NO. 663 of 1979
Smithers J.
26 October 1984.
Melbourne.
IN THE FEDERAL COURT OF AUSTRALIA ) )
VICTORIA DISTRICT REGISTRY ) No. 663 of 1979 ) )
BANKRUPTCY DIVISION
RE: ALFRED YEHISKEL ZION and BARBARA ZION
AND RE: THE SEPARATE ESTATE OF ALFRED YEHISKEL ZION
EX PARTE: CHEVRON HOTEL (MELBOURNE) PTY. LTD. and H.S.P. (NOMINEES ) PITY. LTD.
(Applicants)
CORAM: Smithers J. 26 October 1984
REASONS FOR JUDGMENT
As foreshadowed on 4 September 1984 I publish my reasons, in extended form, for the order made by me on that day that the bankrupt (Zion) be not discharged by virtue of s.149 of the Bankruptcy Act 1966 (the Act). The order was made on the application to the Court made by Chevron Hotel (Melbourne) Pty. Ltd., and H.S.P. (Nominees) Pty. Ltd. (the applicants) seeking that Zion not be discharged from bankruptcy by virtue of the provisions of 5.149(8) and (12) of the Bankruptcy Act 1966 (the Act). The sequestration order
was made against Zion and his wife on 6 September 1979.
A bankrupt will be discharged upon the expiration of three years from the date of bankruptcy (see s.149(1)) unless, inter alia, an objection is entered by the Registrar,
Inspector General, the trustee or a creditor setting out the
following grounds:-
(a) that the bankrupt is able, or is likely within 5 years from the date of the bankruptcy to be able, to make a significant contribution to his estate;
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