Re Kotses, George, a discharged bankrupt [1995] FCA 865

Re Kotses, George, a discharged bankrupt [1995] FCA 865

The valid objection to Mr Kotses' discharge operated until it was withdrawn on 15 June 1995. Because the ordinary s.149 period had already expired and the conditions in s.149A(3)(b) were met, s.149A(3)(b) provided that he was discharged immediately when the objection was withdrawn, not retrospectively on 19 May 1995. Paragraphs (a) and (b) of s.149A(3) operate alternatively according to whether the objection is withdrawn before or after the ordinary s.149 period expires.

Jurisdiction
Australia
Judgment Date
18 October 1995
Procedural Posture
Bankruptcy / Application for Review of a Decision of the District Registrar Under S. 14(5) of the Bankruptcy Act 1966
Outcome
The application was dismissed.
Legal Topics
['discharge From Bankruptcy' 'objection to Discharge' 'statutory Construction of Ss 149 and 149 a of the Bankruptcy Act 1966']
['bankruptcy'] ['discharge From Bankruptcy' 'objection to Discharge' 'statutory Construction of Ss 149 and 149 a of the Bankruptcy Act 1966']

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Procedural Posture

Bankruptcy / Application for Review of a Decision of the District Registrar Under S. 14(5) of the Bankruptcy Act 1966

Legal Issues

  1. 1 ['Whether, where an objection to discharge is withdrawn after the ordinary automatic discharge period has expired but during the extended period of bankruptcy, the bankrupt is discharged on the date of withdrawal or deemed to have been discharged at the end of the ordinary period.' 'How ss.149 and 149A of the Bankruptcy Act 1966 operate when an objection to automatic discharge is withdrawn or cancelled.']

Ratio Decidendi

The valid objection to Mr Kotses' discharge operated until it was withdrawn on 15 June 1995. Because the ordinary s.149 period had already expired and the conditions in s.149A(3)(b) were met, s.149A(3)(b) provided that he was discharged immediately when the objection was withdrawn, not retrospectively on 19 May 1995. Paragraphs (a) and (b) of s.149A(3) operate alternatively according to whether the objection is withdrawn before or after the ordinary s.149 period expires.

Court Disposition

The application was dismissed.

Orders

  • ['The application be dismissed.']