Re Cyril Glen Wehr [1982] FCA 323

Re Cyril Glen Wehr [1982] FCA 323

Because the bankrupt's insolvency was primarily caused by his temporary assistance to his daughter after a serious family accident, he had played little or no role in the mismanaged businesses, no offences or unfavourable matters were reported, and no objection to discharge was lodged, it was proper to discharge him from bankruptcy immediately.

Jurisdiction
Australia
Judgment Date
19 April 1982
Procedural Posture
Application for Discharge From Bankruptcy / Judgment on Application for Discharge
Outcome
Application granted; order of discharge made.
Legal Topics
['discharge From Bankruptcy' 'bankrupt Estate' 'defence Service Homes Interest']
['bankruptcy and Insolvency'] ['discharge From Bankruptcy' 'bankrupt Estate' 'defence Service Homes Interest']

Case Brief

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Procedural Posture

Application for Discharge From Bankruptcy / Judgment on Application for Discharge

Legal Issues

  1. 1 ['Whether the bankrupt should be discharged from bankruptcy before the ordinary discharge date.' "Whether any issue concerning the bankrupt's interest in the Felixstow house under the Defence Services Homes Act 1918 affected the discharge application."]

Ratio Decidendi

Because the bankrupt's insolvency was primarily caused by his temporary assistance to his daughter after a serious family accident, he had played little or no role in the mismanaged businesses, no offences or unfavourable matters were reported, and no objection to discharge was lodged, it was proper to discharge him from bankruptcy immediately.

Court Disposition

Application granted; order of discharge made.

Orders

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