Re Dunstan, I.M. v. Ex parte The Bankrupt [1987] FCA 682

Re Dunstan, I.M. v. Ex parte The Bankrupt [1987] FCA 682

The bankrupt had not shown cogent ground for the exercise of the Court's discretion in his favour. Although ill fortune contributed to his bankruptcy and continued bankruptcy might embarrass him and impede his career, he had substantial debts, no significant assets, and no dividend was to be paid.

Jurisdiction
Australia
Judgment Date
04 December 1987
Procedural Posture
Bankruptcy Application for Discharge / Application for Discharge From Bankruptcy
Outcome
Application dismissed
Legal Topics
['discharge From Bankruptcy' 'sequestration Order' 'creditor Debts' 'official Receiver Report']
['bankruptcy'] ['discharge From Bankruptcy' 'sequestration Order' 'creditor Debts' 'official Receiver Report']

Case Brief

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Procedural Posture

Bankruptcy Application for Discharge / Application for Discharge From Bankruptcy

Legal Issues

  1. 1 ['Whether the bankrupt should be discharged from bankruptcy one year after the sequestration order.']

Ratio Decidendi

The bankrupt had not shown cogent ground for the exercise of the Court's discretion in his favour. Although ill fortune contributed to his bankruptcy and continued bankruptcy might embarrass him and impede his career, he had substantial debts, no significant assets, and no dividend was to be paid.

Court Disposition

Application dismissed

Orders

  • ['The application for discharge be dismissed.']