Re Lenske, G.W. v. Ex parte Lenske, G.W. [1986] FCA 21

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CATCHWORDS

BANKRUPTCY - stealing - order for restitution - order for imprisonment in default - subsequent bankruptcy - whether power

to order stay of order for imprisonment - matters relevant to exercise of discretion.

Bankruptcy Act 1966, ss.60(1)(b), 82(3) Criminal Code (Q.), ss.18, 685A

Re: Gary William Lenske

Ex Parte: Gary William Lenske Qid. E85 of 1985

PINCUS J.

BRISBANE 4 February 1986

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) QLD E85 of 1985

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

RE: GARY WILLIAM LENSKE

EX PARTE: GARY WILLIAM LENSKE

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 4 FEBRUARY 1986 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The orders of the Magistrates Court at Pomona made on 17 September, 1984 in respect of the applicant Gary William Lenske be permanently stayed, in so far as they require the payment of restitution in respect of eight charges of stealing from B. NW. Coles Dascount Furnishers and also in so far as they require the imprisonment of the applicant in default of payment of the restitution required.

2. The Attorney-General of Queensland pay the costs of and incidental to the hearing of the application other than those costs relating to the documents

prepared before the Attorney-General's interest in the matter became known.

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

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISTON ) QLD E85 of 1985

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

RE: GARY WILLIAM LENSKE EX PARTE: GARY WILLIAM LENSKE

PINCUS J. 4 February 1986

REASONS FOR JUDGMENT.

G. W. Lenske applies pursuant to s.60(1)(b) of the

Bankruptcy Act 1966 for an order staying certain proceedings

which resulted in his being imprisoned. On 17 September 1984, the applicant pleaded guilty in the Magistrates Court at Pomona to eight charges of stealing as a servant and was convicted and ordered to perform 160 hours community service in respect of each charge. He was further ordered, under s.685A of the Criminal Code (Q.), to pay restitution in respect of each charge ina total sum of $2,347, at the rate of $50 per week. The Magistrates Court also made eight orders for imprisonment in