Federal Court of Australia
JUDGMENT No. 4:22.42 8 sane
NOT FOR DISTRIBUTION
CATCHWORDS
BANKRUPTCY ~ discharge - application 10 months prior to expiry of statutory period - reason to obtain credit to buy tools of trade - large debts - no dividend ~- no contribution - application
dismissed.
Bankruptcy Act 1966
RE: PAULS KARLIS VILIPS EX PARTE: PAULS KARLIS VILIPS
NO. 381 OF 1986
FRENCH J. PERTH
8 AUGUST 1988
IN THE FEDERAL COURT ) OF AUSTRALIA ) GENERAL DIVISION ) BANKRUPTCY DISTRICT ) OF THE STATE OF ) WESTERN AUSTRALIA )
No. 381 of 1986
RE: PAULS KARLIS VILIPS Bankrupt
EX PARTE: PAULS KARLIS VILIPS Applicant
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 8 AUGUST 1988 WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The application will be dismissed.
Note: Settlement and entry of orders is dealt with in
Rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA
No. 381 of 1986
RE: PAULS KARLIS VILIPS Bankrupt
EX PARTE: PAULS KARLIS VILIPS
Applicant
CORAM: FRENCH J.
8 AUGUST 1988
EX TEMPORE REASONS FOR JUDGMENT
Pauls Karlis Vilips became bankrupt at the age of 26 years on 1 July 1986. At the date of his bankruptcy he was employed as a roof carpenter, in receipt of a wage of about $300 a week. He paid rent of $85 a week, and maintained two hire-purchase agreements, one ona motor car and the other on a boat, with Associated Midland, representing a combined commitment of $152 per
week.
His background history, as indicated by the official receiver's report, which is not contested in any relevant respect, indicates that although a roof carpenter by trade, in 1981 he injured his arm while playing sport and as a result of this it was
in plaster for some three months. During the following 18 months
Mes Ge,
yo ae re ye ne
he worked intermittently as a salesman, and during that time tried to repay debts, including commission write—backs. From August 1982 until February 1984, he worked for Stokes Music as a salesman on a $180 per week retainer, with commission. In February 1984 he set up a company, Ruddock Pty Ltd, with Ross Leslie Grafton and himself as directors. Each contributed $4,000 with the aim of selling musical instruments on consignment under the name "Perth Keyboard City". After eight months of trading they had incurred debts of about $20,000. Grafton was bought out of the business for about $3,000 and the bankrupt's mother took his place as director. Their 1984/85 turnover was somewhere between $350,000
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