Boschen, Re G.M & Anor Ex Parte The Bankrupt [1986] FCA 433

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CATCHWORDS

BANKRUPTCY - discharge - ordinary case - whether need show cogent grounds - proper test - whether presumption in favour of early discharge.

Bankruptcy Act, 1966 s.150

Re: Graeme Mark Boschen & Anor. Ex parte: The Bankrupt

PINCUS J. BRISBANE

19 SEPTEMBER 1986

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION

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QLD E125 of 1984

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

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RE: GRAEME MARK BOSCHEN AND PAMELA ALWYNNE BOSCHEN EX PARTE: THE BANKRUPT.

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 19 SEPTEMBER 1986 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

l. The applicants be discharged.

NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISTON

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QLD E125 of 1984

BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND

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RE: GRAEME MARK BOSCHEN AND PAMELA ALWYNNE BOSCHEN EX PARTE: THE BANKRUPT

PINCUS J. 19 SEPTEMBER 1986

EX TEMPORE REASONS FOR JUDGMENT

This application for discharge is by Mr. and Mrs. Boschen, who became bankrupt on their own petition on 5 March 1984. I have read the report of the Official Receiver, which sets out an account of their financial misfortunes in considerable detail, and heard some oral evidence. It does not seem to me

necessary to recount the history set out in the report.

The principal features are that the Official Receiver makes no accusation of any sort of misconduct against the applicants, that there will be no dividend and that the debts exceed $200,000. Both the applicants are working, earning fairly modest sums. What has brought about the applications is that Mr. Boschen has been asked to travel overseas in his employment and