Re Mijo Dugac and Mario Dugac [1984] FCA 436

JUDGMENI Wo. WSS EF

eceaeeseneneee! sosestesese

4 Ole CATCHWORDS Bankruptcy - application for discharaqe in absence of consent by Official Trustee - sequestration order made in 1975 - whether discharge by operation of law - whether Official Trustee's objections invalid - matters relevant to Court's discretion in discharcde applications.

Bankruptcy Act 1966, s. 149. Bankruptcy Amendment Act 1980, 5s. 72.

RE: MIJO DUGAC and MARIO DUGAC

No. 508 of 1975

Lockhart J. 9 November 1984 Sydney

THE BANKRUPTCY ACT 1966

IN THE FEDERAL COURT OF AUSTRALIA )

GENERAL DIVSTON ) , BANKRUPTCY DISTRICT 'THE STATE OF ) No. 508 of 1975 NEW SOUTH WALES AND THE AUSTRALIAN)

CAPITAL TERRITORY' )

RE: MIJO DUGAC and MARIO DUGAC

Judge Making Order: Lockhart J. Date of Order: 9 November 1984 Where Made: Sydney

ORDER

THE COURT ORDERS THAT:

l. There be an order of discharge in each case;

2. The bankrupts pay the costs of the Official Trustee of these

applications including reserved costs and the costs of the

proceedings before the Court on 5 November and today.

THE BANKRUPTCY ACT 1966

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVSTON } BANKRUPTCY DISTRICT 'THE STATE OF ) No. 508 of 1975 NEW SOUTH WALES AND THE AUSTRALIAN) CAPITAL TERRITORY' )

RE: MIJO DUGAC and MARIO DUGAC

Coram: Lockhart J.

9 November 1984

REASONS FOR JUDGMENT

LOCKHART J.

There are twa applications for discharge from bankruptcy bv Mito Duqac and Mario Duqac - his son. Sequestration orders were made against their estates on 9 December 1975. The applicants came to Australia from Yuaoslavia in July 1970. Thev had no assets upon their arrival here and were employed as carpenters until 1972 when they formed a partnership which carried on the business of formwork contractors under the name of M. & M. Formwork. The business traded successfully at first but, due to reasons which I need not mention,