Donald Brookes Lockyer, ex parte: Donald Brookes Lockyer v Official Trustee in Bankruptcy 1988 FCA 251

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No. 673 of 1984

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JN_BANKRUPTCY

OF VICTORIA

Re: DONALD BROOKES LOCKYER A Bankrupt Ex Parte: DONALD BROOKES LOCKYER Applicant and 0. s N ion'g Respondent sor ae ard . \ i COURT: | NORTHROP J 8 ( 2.220? srgsy DATE : 13 APRIL 1988 ' Yo a PLACE: MELBOURNE Sa YY EX _TEMPORE REASONS FOR JUDGMENT

The bankrupt became bankrupt on 4 September 1984, on the filing of his own petition under s.55 of the Bankruptcy Act 1966. At that time, he was an undischarged bankrupt pursuant to a bankruptcy order made in Queensland in 1976 ('the Queensland bankruptcy'). Previously, he had been bankrupt in New South Wales in 1962, but he was discharged

from that bankruptcy in 1974 and there had been a dividend of 100 cents in the dollar paid on proved debts in that first

bankruptcy.

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By application dated 7 December 1987, the bankrupt has applied, pursuant to s.150 of the Bankruptcy Act, for an

order of discharge. Section 149 of the Bankruptcy Act did not provide for the automatic discharge of the bankrupt after

the expiration of three years from the bankruptcy of 4 September 1984, because at that time, namely 4 September 1987, he was an undischarged bankrupt from an earlier bankruptcy - see sub-sections 149(1) and 149(3)(a). Because of the operation of that paragraph, in the present case no

objection to the automatic discharge was lodged pursuant to

Paragraph 149(3)(c).

About the same time as the application for discharge of the bankruptcy of 4 September 1984, the bankrupt applied for the discharge of the Queensland bankruptcy which had commenced in 1976. The application in relation to the Victorian bankruptcy came on for hearing before the hearing of the Queensland application, and the Victorian hearing was adjourned to enable the Queensland hearing to proceed since

it was dealing with the first of the existing bankruptcies.