LoS IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY Verve verve DISTRIBUTION Nos. W237 &W338 of RE: SUSAN MARY MAPLER AND WAYNE LINDSAY MARLER EX PARTE: THE BANKRUPT CORAM: JACKSON J. DATE: 20 December 1985 PLACE: SYDNEY MINUTES OF ORDER THE COURT ORDERS THAT: 1. Each applicant be discharged from bankruptcy. NOTE: Settlement and entry of orders 15 dealt with in Crder 124 of the Bankruptcy Rules. IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) BANKRUPTCY DISTPICT OF THE STATE OF ) Nos. W337 & W338 of 19284 NEW SOUTH WALES AND ) THE AUSTRALIAN CAPITAL TES: "TORY ) RE; SUSAN MARY MARLER AND WAYNE LINDSAY MAPLER EX PARTE: THE BANKPUPT CORAM: JACKSON J. DATE: 290 December 1985 PLACE: SYDNEY PEASONS FOR JUDGMENT The unexpected brevity of other matters with which I was to deal teday has given me time to cead the material again. In consequence of so doing, I have formed a view which enables me to deal with the matter immediately and I shall now proceed to do so. The applicants, who are husband and wife, were made bankrupt on their own petitions by sequestration orders mad ul v on 27 April 1984 and Mr D.L. Nicholl was appcinted trustee of G their estates. Mr Nicholl had previously acted as trustee pursuant to an authority under s.188 of the Bankruptcy Act 1966 given in May 1383. The male applicant was admitted as a solicitor in 1969 and practised as such until 1980 when he became a barrister. In 1981 the applicants purchased a property, Tynwald, at New Norfolk, Tasmania with a view to converting the property to colonial style guest accommodation and it was that venture which in the end led to the appointment of a trustee and finally making of sequestration orders. It had been intended that Tynwald, as well as being the site of the business would also be the future family cesidence. The venture proved unsuccessful, hnowever, because oF a number of cost factors referred to in the affidavit of the male applicant. Thereafter the mal2 applicant endeavoured to prop up the financial situation by returning to practices at the bar in Sydney and the applicants attempted to sell Tynwald without success. In the event the property was sold by the first mortgagee and the net proceeds of the sale were such that the liability to the second mortgagee was not satisfied. The male aoplicant has continued in practice at the bar, but his ability to practice effectively has been hampered by financial constraints attendant uyon him. The female applicant has worked as a legal secretary in an endeavour to assist the i > support of the children. The male applicant has now been offered employment by a firm of solicitors as a solicitor and feels, and I accept, that there would be considerable difficulties attendant upon his doing so effectively ina class of work in hich he wishes to engage if he were to remain an undischarged bankrupt. Although the time which has elapsed since the bankruptcy 15 not particularly long, I am persuaded that tne case 1s one where orders for discharge should be made in x a ui i) pect of each applicant. I take that view because of all t ry 12 Circumstances of the cases, but there are some matters which I should mention specifically. here are (a) the fact that the trustee's report in each matter contains nothing adverse to the applicants; (b) the fact that a substantial contribution has been made to the estate; (c) the fact that the principal creditor has attended on the hearing of the applications and indicated that it does not oppose the making of orders for discharge; and (d) the fact that neither the trustee nor any other creditor opposes the application. I would also mention that 7 am satisfied that the bankruptcy and the events leading to it and those consequent upon 1¢ have had a destructive effect on the family life of -4—- the applicants and their children and that no useful purpose would be served by continuing that situation. In these circumstances, I propose to make an order for discharge. In each of these matters I make an order that the applicant be discharged from bankruptcy. preceding pages are a true copy of the Reasons for Judgment herein of his Honour Mr Justice Jackson. - }} Associate: DMLachebars Date: 19 2-96 I certify that this and the