Kilpatrick, Re D.J.W. Bankrupt, Ex Parte The [1986] FCA 53

Kilpatrick, Re D.J.W. Bankrupt, Ex Parte The [1986] FCA 53

The Court was satisfied that none of the matters referred to in s.150(6) of the Bankruptcy Act 1966 was established and that no useful purpose would be served by declining to make an order, so an order of discharge was made.

Jurisdiction
Australia
Judgment Date
02 May 1986
Procedural Posture
Bankruptcy Application for Discharge / Reasons for Judgment and Order on Application Under S.150(1) of the Bankruptcy Act 1966
Outcome
Application granted; the bankrupt was discharged from bankruptcy.
Legal Topics
['discharge From Bankruptcy' 'bankruptcy Caused by Company Failure and Personal Guarantees']
['bankruptcy'] ['discharge From Bankruptcy' 'bankruptcy Caused by Company Failure and Personal Guarantees']

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Procedural Posture

Bankruptcy Application for Discharge / Reasons for Judgment and Order on Application Under S.150(1) of the Bankruptcy Act 1966

Legal Issues

  1. 1 ['Whether the bankrupt should be discharged from bankruptcy under s.150(1) of the Bankruptcy Act 1966.' 'Whether any of the matters referred to in s.150(6) of the Bankruptcy Act 1966 were established.']

Ratio Decidendi

The Court was satisfied that none of the matters referred to in s.150(6) of the Bankruptcy Act 1966 was established and that no useful purpose would be served by declining to make an order, so an order of discharge was made.

Court Disposition

Application granted; the bankrupt was discharged from bankruptcy.

Orders

  • ['The bankrupt is discharged from bankruptcy.']