Re Bastow, P.D. Ex parte Bastow, P.D. [1985] FCA 443

Re Bastow, P.D. Ex parte Bastow, P.D. [1985] FCA 443

The creditor did not establish with sufficient particularity the grounds required by s.150(6). While there is some evidence of conduct within the section, a fully convincing case was not made out. Considering both the applicant's circumstances and general community interest, an order for discharge should be made but suspended for three months to reflect the unsatisfactory aspects of the bankrupt's conduct.

Parties
Applicant / Bankrupt: Peter Dean Bastow; Creditor / Objector: WA Seafood Exporters
Jurisdiction
Australia
Judgment Date
24 June 1985
Procedural Posture
Bankruptcy / Application for Early Discharge From Bankruptcy
Outcome
Order of discharge granted, suspended for three months until 24 September 1985.
Legal Topics
Early Discharge From Bankruptcy, Objections by Creditor, Sequestration Orders
Insolvency Bankruptcy Early Discharge From Bankruptcy Objections by Creditor Sequestration Orders

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Parties

Peter Dean Bastow

Applicant / Bankrupt

WA Seafood Exporters

Creditor / Objector

Procedural Posture

Bankruptcy / Application for Early Discharge From Bankruptcy

Legal Issues

  1. 1 Whether grounds exist to grant early discharge from bankruptcy under Bankruptcy Act 1966 given the objections raised by a creditor

Ratio Decidendi

The creditor did not establish with sufficient particularity the grounds required by s.150(6). While there is some evidence of conduct within the section, a fully convincing case was not made out. Considering both the applicant's circumstances and general community interest, an order for discharge should be made but suspended for three months to reflect the unsatisfactory aspects of the bankrupt's conduct.

Court Disposition

Order of discharge granted, suspended for three months until 24 September 1985.

Orders

  • Order of discharge from bankruptcy for Peter Dean Bastow, suspended until 24 September 1985.