Federal Court of Australia
CATCHWORDS
BANKRUPTCY - Application for discharge - Successive bankruptcies - Opposition on grounds that debt contracted without reasonable prospect of payment and without disclosing the fact of an existing bankruptcy - Grounds of opposition established - Failure
of bankrupt to make any contributions for the benefit of his
creditors - Desire of bankrupt to obtain discharge to contest Mayoral election - Proposal to procure others to pay out creditor zn second bankruptcy ~ Whether proposal should be adopted by
Court - Principles applicable to application for discharge.
Bankruptcy Act 1966 ss. 149, 150
RE BRIAN STANLEY SHEPHERD QLD 339 OF 1981 NSW 583 OF 1978
WILCOX o 13 FEBRUARY 1985
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION No. QLD 339 of 1981
No. NSW 583 of 1978 BANKRUPTCY DISTRICT OF THE STATE
OF NEW SOUTH WALES AND THE
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AUSTRALIAN CAPITAL TERRITORY
RE: BRIAN STANLEY SHEPHERD QRDERS CORAM: WILCOX J DATE: 13 FEBRUARY 1985 PLACE: SYDNEY THE COURT ORDERS THAT: 1. The application for an order of discharge from bankruptcy be dismissed. 2. The applicant pay the costs of the opponent, Peter
Anthony Greenland, incurred in celation to the application.
ee er
GENERAL DIVISION .
IN THE FEDERAL COURT OF AUSTRALIA
No. QLD 339 of 1981 No. NSW 583 of 1978
OF NEW SOUTH WALES AND THE
) ) ) ) BANKRUPTCY DISTRICT OF THE STATE ) ) ) ) )
AUSTRALIAN CAPITAL TERRITORY
RE: BRIAN STANLEY SHEPHERD
REASONS FOR JUDGMENT
CORAM: WILCOX J DATE: 13 FEBRUARY 1985 PLACE: SYDNEY
This is an application for an order of discharge fron
bankruptcy. It has a number of unusual features and presents to
the Court a dilemma as to the course appropriate to be taken.
The applicant, Brian Stanley Shepherd, has twice been made bankrupt. The first sequestration order was one made against him and his wife on 23 August 1978 by a judge of this Court sitting in the Bankruptcy District of the State of New South Wales and the Australian Capital Territory. The bankruptcy apparently resulted from losses made by Mr and Mrs Shepherd in various retail butchery ventures in New South Wales. Ten proofs of debt were lodged against the joint estate, nine of which,
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