Federal Court of Australia
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Ws
JUD
4 hi
GRINT oA Ge. Pa ps BANKRUPTCY - application for discharge - objection by Official Trustee - unsatisfactory conduct alleged - imprecise wording - misconduct under sub-s. 150(6) shown - choice between refusing
discharge and suspended discharge - factors affecting discretion - risk of breach of conditions - undesirability of continuing court supervision ~- little basis put forward for discharge ~- history of
disregard of creditors' rights - application dismissed.
Bankruptcy Act 1966 s.149, s.150
Re_ Cook: Ex parte Cook (ynrep. Toohey J. 4/4/85) Van Reesema v Official Trustee (1983) 69 FLR 424
Re: Zion; Ex parte The Bankrupt (unrep. Smithers J. 26/9/86)
RE: HENDRIKUS JOHANNES BOZUWA FX PARTE: HENDRIKUS JOHANNES BOZUWA NO. 716 of 1983
FRENCH J. 18 AUGUST 1987 PERTH
IN THE FEDFRAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AIlISTRALIA
NO. 716 OF 1983
RE* HENDRIKUS JOHANNFS BOZUWA Bankrupt
EX PARTE: HENDRIKUS JOHANNES BOZUWA Applicant
MINUTE OF ORDER
JUDGF MAKING ORDER: FRFNCH J. DATE OF ORDER: 18 August 1987 WHERE MADE: Perth
THE COURT ORDERS THAT:
The application is dismissed.
Note: Settlement and entry of orders is dealt with
in Rule 124 of the Bankrupty Rules.
IN THE FEDERAL COURT ) OF AUSTRALIA ) GENERAL DIVISION ) BANKRUPTCY DISTRICT ) OF THE STATE OF )
)
WESTERN AUSTRALIA No. 716 of 1983
Re: HENDRIKUS JOHANNES BOZUWA Bankrupt
EX PARTE: HENDRIKUS JOHANNES BO2UWA Applicant
CORAM: FRENCH J. 18 AUGUST 1987
REASONS FOR JUDGMENT
Hendrikus Johannes Bozuwa became a bankrupt on his own
petition on 28 October 1983.
In the ordinary course he would have been discharged on
28 October 1986 pursuant to sub-s.149(1) of the Bankruptcy Act 1966.
However on 4 December 1984, the Official Receiver filed
a notice of objection to discharge under sub-s.149(3) of the Act.
Assuming the validity of the notice, its effect was, by virtue of sub-s.149(3), to prevent Bozuwa's discharge except by
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