Hume, Re J.& J. Bankrupts, Ex Parte The [1986] FCA 8

&

CATCHWORODS

BANKRUPTCY - application for discharge - test of "cogent ground" - bankrupt desiring to go back into business - large deficiency - application refused.

Bankruptcy Act 1966, s.150

RE: JOHN HUME and JEANETTE LORAINE HUME EX P.: THE BANKRUPTS

E382 of 1983

PINCUS J. BRISBANE 24 January 1986

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) QLD E382 of 1983

BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )

RE: JOHN HUME and JANET LORAINE HUME

EX PARTE: THE BANKRUPTS

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 24 January 1986 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application be dismissed.

NOTE: Settlement and entry of orders 15 dealt with in Order 36 of the Federal Court Rules.

rt

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) QLD E382 of 1983

BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )

RE: JOHN HUME and JANET LORAINE HUME

EX PARTE: THE BANKRUPTS

PINCUS J. 24 January 1986

REASONS FOR JUDGMENT

The applicant bankrupts apply for an order of discharge

under s.150 of the Bankruptcy Act. They became bankrupt on 15

August 1983.

It appears from the report of the trustee and the evidence of the applicant Mr. od. Hume that the applicants formerly traded in partnership ina business of laying concrete

slabs. In 1982 that business encountered financial problems and

Mr. Hume made an arrangement with major creditors which was intended to get him out of his difficulties. When that did not work, he decided to cease "operating my business", meaning, of course, the business carried on in partnership with his wife. He was able, however, to continue to take advantage of his business connection and skills by going to work for a company named Jondare Pty. Ltd., owned by his mother-in-law. He currently

works for that company for a wage which he said 1s $375 per week.