Marler, S.M. & Anor v. The Bankrupt [1985] FCA 675

Marler, S.M. & Anor v. The Bankrupt [1985] FCA 675

Orders for discharge should be made because the trustee's report contained nothing adverse to the applicants, a substantial contribution had been made to the estate, the principal creditor did not oppose discharge, neither the trustee nor any other creditor opposed the applications, and no useful purpose would be served by continuing the destructive effect of the bankruptcy on the applicants and their children.

Jurisdiction
Australia
Judgment Date
20 December 1985
Procedural Posture
Bankruptcy / Application for Discharge From Bankruptcy
Outcome
Each applicant was discharged from bankruptcy.
Legal Topics
['discharge From Bankruptcy' 'sequestration Orders' "trustee's Report" 'creditor Opposition']
['bankruptcy Law'] ['discharge From Bankruptcy' 'sequestration Orders' "trustee's Report" 'creditor Opposition']

Case Brief

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Procedural Posture

Bankruptcy / Application for Discharge From Bankruptcy

Legal Issues

  1. 1 ['Whether each applicant should be discharged from bankruptcy despite the relatively short time since the sequestration orders were made.']

Ratio Decidendi

Orders for discharge should be made because the trustee's report contained nothing adverse to the applicants, a substantial contribution had been made to the estate, the principal creditor did not oppose discharge, neither the trustee nor any other creditor opposed the applications, and no useful purpose would be served by continuing the destructive effect of the bankruptcy on the applicants and their children.

Court Disposition

Each applicant was discharged from bankruptcy.

Orders

  • ['Each applicant be discharged from bankruptcy.']