Kilpatrick, Re D.J.W. Bankrupt, Ex Parte The [1986] FCA 53

" 82 iN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISTON

BANKREESTCY

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RE: DIANE SOCELYN AK KILPATP ION Apgelicant EX PARTE: THE BANKRUPT Pespondent JACKSON 7. & February 1986 MELEOURNE MINUTES OF ORDEP orders that: she bankrupt Es dischargec frcm bankeuptc7. Settlement anc entry of orders 15 dealt vith Bankruptcy Pule 124.

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Gensteae OmstTRIB

IN THE FEDERAL COURT OF AUSTRALIA )

GENERAL DIVISION )

BANKRUPTCY DISTRICT OF THE STATE OF )

VICTORIA ) No. 686 of 1984

RE: DIANE JOCELYN WHYTE KILPATRICK

Applicant

EX PARTE: THE BANKRUPT

Respondent

CORAM ; JACKSON J. DATE: 5 February 1986 PLACE: MELBOURNE

REASONS FOR JUDGMENT

On 10th September, 1984, the applicant was made bankrupt on her own application. She now applies fcr an order

of discharge under s.150(1) of the Bankruptcy Act 1966.

At the time when she became bankrupt, the bankrupt's

unsecuced creditors amounted in total to $24,433.00. The Official Receiver has stated in his report that in his opinion the causes of the bankruptcy were the failure of Marvel Marketing Pty Ltd, a company with which she was concerned,

and the personal guarantees given by the bankrupt for some of

the debts of that company.

Marvel Marketing Pty Ltd was a company which was incorporated to act as trustee of the Kilpatrick Family Trust, *he bankrupt and her former husband being the sole directors

of the company at all times after 30th March 1979.

Although the bankrupt performed secretarial services For the company, her husband was General Manager and salesman

and the company appears to have been conducted in practical

terms by her husband.

The bankrupt's dealings with the company came to an end in May, 1981 after she separated from her husband. In consequence of an agreement entered into with him under s.37 of the Family Law Act, she had been given an indemnity in respect cr all the company debts which she had personally