Re Main, K.J. v. Ex parte Main, K.J. [1987] FCA 340

NOT FOR GENERAL DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA

No. 523 of 1985 RE: KEVIN JOHN MAIN

BANKRUPT -

Applicant

CORAM: FRENCH J. 8 JUNE 1987

EX TEMPORE REASONS FOR JUDGMENT

This is an application by Kevin John Main under s.150 of

the Bankruptcy Act fox discharge from his bankruptcy.

He became a bankrupt on his own petition on 14 November 1985. The trustee's report, which is not contested in respect of any material facts, discloses that at the date of bankruptcy he was 34 years of age, separated from his wife and in receipt of unemployment benefits of $185.00 per fortnight, from which he paid

rent of $70.00 pex fortnight.

He was married in February 1982 and separated from his wife for a short time but, at the date of bankruptcy, was living with his wife and in receipt of unemployment benefits. I should say in relation to the separation, that it appears that at his first intexview Mr Main indicated that he was separated but

subsequently confixmed that he had reconciled with his wife.

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From 1980 until 1983 he was employed as bar manager at Cleo's Tavexn in Fremantle. During the period of his employment he contracted bankcard debts, being a debt for the hire of a motor vehicle, and in 1982 entered into an agreement for the purchase of a Mitsubishi Sigma motor vehicle for $14,100.00. That was suxxendered a short time aftexrwards and sold by a finance company,

leaving a shortfall of $4,010.00.

He also listed a debt of $636.00 on his statement of affairs for the supply of beer but now says that that is, in fact, a debt owed by a company, Naizet Pty Ltd trading as Cleo's Tavern,

which was owned by relatives of his wife.

After ceasing employment with Cleo's Tavern in 1983, Mx Main worked as a chef or barman for the next 20 months in Kewdale,