Federal Court of Australia
re weld 5
a
A NOT INTENDED FOR DISTPIPUTION
Il THE FEDERAL CcurrT ; OF AUSTPALIA } GENEPAL DIVISION ) BANKEUPTCY DIETFICT ' OF THE STATE OF
WESTERN AUSTRALIA }
RE: PETER DEAN BASTOW
Bankrupt
EX PARTE: PETER DEAN BASTOW Wks. ae Applicant
A \ CORAM: TOOHEY J. RE~ ~> i
"PSS Le 24 June 1985 =P 1985 he oF ST 7, Me aa ' / Rad EX TEMPORE REASONS SUR" JUDGMENT
A sequestration order was' hade against Mr. Bastow on 24
January 1984, so that in the ordinary course he would he discharged from bankruptcy in January 1987. He seeks an order for discharge roughly 18 months earlier than would be the case if the
Bankruptcy Act 1966 took its course,
The basis of the application lies, Mr. Bastow says, in the difficulties his position as a bankrupt places in the way of him getting employment. Also there is medical evidence provided by Dr. Kusel suggesting that a discharge from bankruptcy would reduce some of the stress he has been under. There is nothing in the Official Receiver s report to stand in the way of a discharge, nor have any creditors objected other than WA Seafood Exporters.
The basis of that objection is three fold:
hota ee ory Br ne ee ee ne ee mr re ee rae nee eae ee =
ta
(1) My. Bastow, after knowing himself to be insolvent, continued
to trade and obtain credit of an amount exceeding $100;
(2) He contracted a debt provable in bankruptcy without having at
the time of contracting it any reasonable or probable ground
for expectation of being able to pay it;
(3) Within the six months preceding his bankruptcy he gave an
undue preference to creditors.
Mr. Orifici says that his client cannot adduce any evidence of those matters other than the evidence which is to be found in the record of public examination of Mr. Bastow. It may be that in a general sense the evidence shows that Mr. Bastow embarked upon the restaurant business without much prospect of being able to make it a profitable venture. It may be, too, that he contracted some debts without much prospect of being able to pay them. It may also be that in some respects, fairly limited respects it would appear, he may have given a preference to
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