Re Trajkoski, Bozin [1983] FCA 149

Re Trajkoski, Bozin [1983] FCA 149

The applicant's conduct, his conviction under the Bankruptcy Act and unsatisfactory dealings justify granting discharge, but with a twelve-month suspension.

Parties
Applicant / Bankrupt: Bozin Trajkoski; Respondent / Trustee: Official Receiver
Jurisdiction
Australia
Judgment Date
21 July 1983
Procedural Posture
Application for Discharge From Bankruptcy / Final Judgment and Orders
Outcome
Discharge granted; operation suspended for twelve months.
Legal Topics
Bankrupt's Discharge, Conviction Under Bankruptcy Act, Public Examination, Trustee Objections
Insolvency Bankruptcy Bankrupt's Discharge Conviction Under Bankruptcy Act Public Examination Trustee Objections

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Parties

Bozin Trajkoski

Applicant / Bankrupt

Official Receiver

Respondent / Trustee

Procedural Posture

Application for Discharge From Bankruptcy / Final Judgment and Orders

Legal Issues

  1. 1 Whether the applicant should be discharged from bankruptcy given convictions under the Bankruptcy Act
  2. 2 Whether suspension of discharge is appropriate under s.150 of the Bankruptcy Act 1966

Ratio Decidendi

The applicant's conduct, his conviction under the Bankruptcy Act and unsatisfactory dealings justify granting discharge, but with a twelve-month suspension.

Court Disposition

Discharge granted; operation suspended for twelve months.

Orders

  • The public examination of the bankrupt shall be deemed to have been concluded on 31 October, 1979.
  • The discharge of the bankrupt is ordered.