Federal Court of Australia
+ ane oe wine; Bankruptcy - application for discharge - whether conduct™o
JUDGMENT No, ——- ) wud
bankrupt fell within para 150(6)(c) of the Bankruptcy Act -
observations concerning proof of matters under para 150(6)(c) - whether bankrupt's liability as guarantor a "debt provable in the bankruptcy" - considerations relevant to exercising discretion
under s.150
Bankruptcy Act 1966 s.82, s.149(1), 150(6), 150(6)(c), 150(12)
Re: ROBERT CHARLES BENDA - Bankrupt
Ex Parte: ROBERT CHARLES BENDA - Applicant
No. 532 of 1983
TOOHEY J. PERTH 26 APRIL 1985
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA
No. 532 of 1983
RE: ROBERT CHARLES BENDA Bankrupt
EX PARTE: ROBERT CHARLES BENDA Applicant
MINUTE OF ORDER
JUDGE MAKING ORDER 3 Toohey J. DATE OF ORDER $ 26 April 1985 WHERE MADE 3 Perth
THE COURT ORDERS THAT:
1. There be an order of discharge of the bankruptcy of Robert Charles Benda, the operation of the order to
be suspended until 8 August 1985.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
wee
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA
No. 532 of 1983
RE: ROBERT CHARLES BENDA Bankrupt EX PARTE: ROBERT CHARLES BENDA
Applicant
CORAM: TOOHEY J.
26 April 1985
REASONS FOR JUDGMENT
Robert Charles Benda, a bankrupt, seeks discharge from bankruptcy. He was made bankrupt on his own petition on 8 August
1983.
The period of bankruptcy contemplated by sub-s.149(1) of
the Bankruptcy Act 1966 is three years. However sub-s.150(1)
permits a bankrupt to apply to the Court for an order of discharge at any time after his public examination has been concluded or after the expiration of 12 months from the date of bankruptcy. Both of these preconditions are operative; there is another which
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate