Re Gough, A.M. Ex parte Official Trustee in Bankruptcy The Trustee of the Estate of Gough, A.M. [1988] FCA 36

DATE OF ORDER: 20 January 1988

IN THE FEDERAL COURT

JUDGMENT No. So 7 BS

aevetoenteee eee

OF AUSTRALIA

BANKRUPTCY DISTRICT OF THE STATE OF

) ) GENERAL DIVISION ) ) ) )

WESTERN AUSTRALIA

JUDGE MAKING ORDER: FRENCH J.

WHERE MADE: PERTH

LIMITED DISTRIBUTION Nos. 72 of 1976

354 of 1979

601 of 1987

RE: AGNES MARIE GOUGH Bankrupt

EX PARTE: OFFICIAL TRUSTEE IN

BANKRUPTCY THE TRUSTEE OF THE

ESTATE OF AGNES MARIE GOUGH

Applicant

MINUTE OF ORDER

THE COURT ORDERS THAT:

The bankrupt Agnes Marie Gough, was at 17 August 1987, an undischarged bankrupt not having been discharged from her previous bankruptcies of 20 May 1976 and 11

September 1979.

There be no order as to costs. Note: Settlement and entry of orders is dealt with

in Rule 124 of the Bankruptcy Rules.

o

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

) LIMITED DISTRIBUTION

)

) BANKRUPTCY DISTRICT )

)

)

OF THE STATE OF

WESTERN AUSTRALIA Nos. 72 of 1976

354 of 1979 601 of 1987 RO: AGNES MARIE GOUGH Bankrupt EX PARTE: OFFICIAL TRUSTEE IN BANKRUPTCY THE TRUSTEE OF THE ESTATE OF AGNES MARIE GOUGH

Applicant

CORAM : FRENCH J.

20 January 1988

EX TEMPORE REASONS FOR JUDGMENT

Agnes Marie Gough first became bankrupt on her own petition on 20 May 1976. As s.149 of the Bankruptcy Act 1966 then stood, she could, in the absence of objection, have expected automatic discharge from that bankruptcy after the expiry of five years. That 1s to say, on 20 May 1981. However, on 1l September 1979 and prior to the 1980 amendment to s.149, which introduced provision for statutory discharge after three years, she became

bankrupt for a second time.

In 1980, the Act was amended by the Bankruptcy Amendment

Act 1980 which substituted a new s.149 for the old allowing for

2.

automatic discharge after three years except where objection had been lodged or subsequent bankruptcy supervened. The effect of the second bankruptcy is to block any prospect of automatic discharge from the first bankruptcy, by reason of para. 149(3)(b). The effect of the first bankruptcy is to prevent automatic discharge from the second by virtue of para. 149(3)(a). In the absence of an application for discharge under s.150 Mrs Gough therefore