Re Moore-Smith, G.M. v. Ex parte The Bankrupt [1987] FCA 596

JUDGMENT No. 2107.31.

CATCHWORODS

BANKRUPTCY - application for discharge - bankrupt to position which brought about bankruptcy - desirable evidence of reason for initial failure be produc

interests of commercial community to be considered.

Re: Gordon McFarlane Moore-Smith

Ex parte: The Bankrupt Qld BN512 of 1985

PINCUS J. BRISBANE 3 NOVEMBER 1987

resume that ed -

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) QLD BN512 of 1985

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

RE: GORDON McFARLANE MOORE-SMITH EX PARTE: THE BANKRUPT

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE _OF ORDER: 3 NOVEMBER 1987 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application be refused.

NOTE: Settlement and entry of orders 1s dealt with in Rule 124 of the Bankruptcy Rules.

IN_THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) QLD BN512 of 1985

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

RE: GORDON McFARLANE MOORE-SMITH EX PARTE: THE BANKRUPT

PINCUS J. 3 NOVEMBER 1987

REASONS FOR JUDGMENT

This 18 an application for an order of discharge from

bankruptcy.

The relevant sequestration order was made by me on 22 July 1985 and so the applicant would be discharged, in the ordinary course, in about seven months. The cause of the bankruptcy was the insolvency of a carpet-selling company called Carpets Galore (Brisbane) Pty. Ltd., of which the applicant was formerly a member and director. That company was wound up pursuant to a special resolution on 13 April 1984 and its unsecured creditors were owed sums totalling about $350,000.

There 1s no evidence as to the extent of the company's assets.

The applicant says that he wishes to be discharged from bankruptcy to re-establish himself without delay in the carpet

retailing industry. His affidavit says he would like to be able