Re Rooney, A.J. v. Ex Parte Rooney, A.J. [1986] FCA 361

3b)

CATCHWORDS

BANKRUPTCY - application for stay - bankrupt discharged by effluxion of time - warrant for imprisonment - debt incurred before bankruptcy - whether still "debtor" after discharge - whether jurisdiction to make order.

Bankruptcy Act, 1966 s.60

Re: Allan James Rooney Ex parte: Allan James Rooney

Qld. P9 of 1979

PINCUS J. BRISBANE 22 August 1986

sO? S a

RECEIVED \- 25 AUG 1986 5} Fenimore or

FNC Fal

IN THE FEDERAL COURT OF AUSTRALIA )

GENERAL DIVISION BANKRUPTCY DISTRICT OF THE SOUTHERN

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Qld. P9 of 1979

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DISTRICT OF THE STATE OF QUEENSLAND

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RE: ALLAN JAMES ROONEY

Debtor

EX PARTE: ALLAN JAMES ROONEY

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 22 AUGUST 1986 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

NOTE:

The order of the Magistrates Court made at Holland Park, Brisbane, in the State of Queensland, on 2 March 1979 be forever stayed insofar as the same required payment by the applicant of the sum of $3,780.99 restitution.

Warrant no. 1030/1979 1ssued against the applicant on 21 July 1986 be forever stayed.

The order of this Honourable Court made on 25 July

1986, relating to the applicant's place of residence, be discharged.

Settlement and entry of orders is dealt with in

Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION

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QLD P9 of 1979

BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND

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RE: ALLAN JAMES ROONEY

Debtor

EX PARTE: ALLAN JAMES ROONEY

PINCUS J. 22 August 1986

REASONS FOR JUDGMENT

This is an application under s.60 of the Bankruptcy Act for a permanent stay of an order of the Queensland Magistrates

Court made on the 2 March 1979, pursuant to which the applicant

has been held in custody.

The events leading to the imprisonment are as follows. On the 2 March 1979, the applicant was convicted of falsely pretending to an employee of the Brisbane Credit Union Limited that he had unencumbered securities to the value of $8,000, in order to obtain a loan of $3,835. The applicant was fined $200 and ordered to pay restitution of $3,780.99, in default 12 months' imprisonment. He paid neither fine nor restitution. On 30 August 1979, the applicant presented a debtor's petition which was