O'Connor v The Official Trustee in Bankruptcy [1987] FCA 832

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Judgment No. [1987] FCA 832

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} No. 852 of 1982 )

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Between: JOHN CHARLES OQ' CONNOR (A Bankrupt)

Ex Parte: THE OFFICIAL TRUSTEE IN BANKRUPTCY (as trustee of the property of John Charles O'Connor, a bankrupt)

(Applicant)

Coram: Ryan J.

Date: 13 August 1987

EX TEMPORE REASONS FOR JUDGMENT

RYAN J.: By this application the Official Trustee in Bankruptcy seeks an order pursuant to s.149(8) of the Bankruptcy Act 1966 (C'th) ("the Act") that the period at the expiration of which the objection of the Official Trustee entered on or about 5 August 1983 under s.149(3)(c) of the Act will lapse, be the period ending on 29 February 1988, or

alternatively, such period exceeding five years from the date

of the bankruptcy as to the court may seem fit.

The bankruptcy commenced on 17. August 1982. A good

deal of background information in relation to the conduct of

2. the bankrupt during the bankruptcy has been disclosed in the affidavit of the Official Receiver Sworn in support of the application. However, Mr. Bigmore, who appears for the applicant has indicated that this application, made as it is

a very short time before the bankrupt would be discharged by operation of s.149(8)(a) of the Act has been prompted solely

by a letter received from the ANZ Bank Limited. That letter

is in the following terms:

"On 15/12/86 Mr. O'Connor called, opened account in name of John O'Connor Plumbing services Jofin

Charles O'Connor and Morag Annie 0'Connor Trading as

The current position with the account is a debit $4298 working overdraft of $15,000. We hold security by way of a Second Mortgage over Property 117 Albert Street Port Melbourne in Mrs. M. O'Connor's name. The First Mortgage is held by our Savings Bank for $55,000 and was granted to Mrs. O'Connor for the purchase of the Albert Street Property.