Re David Holroyd Hardwick Ex Parte David Holroyd Hardwick [1984] FCA 486

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JUDGMENT No. ASE... senesneevese IN THE FEDERAL COURT OF AUSTRALIA BANKRUPTCY DISTRICT OF THE STATE

No. W 450 of 1977 OF NEW SOUTH WALES AND THE

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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"

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A. E. KNIG 2 May 1984 ASSOCTATE TO MORLING J,

22 APR 1998 FEDERAL COURT OF

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Bankruptcy - application for discharge - unresoived 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, s. 150(5), (6)(b), (c)

Re: Wi HOLRO | Ex parte: DAVID HOLROYD HARDWICK, Applicant

No. W450 of 1977

Morling J. 4 April 1984. Sydney.

IN COURT OF AUS

) ) BANKR' DE IcT OF THE STA' ) ) No. W 450 of 1977 OF NEW SOUTH WALES AND THE ) ) aus CAPI TTORY ) _Re: VID _HOLRO WICK Ex parte: DAVID HOLROYD HARDWICK Applicant MORLING J. 4 April 1984 ONS JUDGMENT.

Tnis is an application for discharge from 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 took, 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 The objection has still not been withdrawn but should I make an order of discharge on this application, which ts brought under s. 150 of the Act, the objection will lapse by virtue of the provisions of s. 149(11) of the Act.