Re Kirton, Alan Douglas Ex Parte Kirton, Alan Douglas [1983] FCA 132

Re Kirton, Alan Douglas Ex Parte Kirton, Alan Douglas [1983] FCA 132

The court held that since there was no opposition to the applications, and having regard to the evidence (including the affidavit by Mrs Kirton), it was appropriate to discharge and vary the earlier orders and grant a discharge from bankruptcy to Alan Douglas Kirton. Further, it was inappropriate to require Mrs Kirton to give evidence or produce documents given the progress and non-prosecution of the examination by Mrs Mannigel.

Parties
Bankrupt: Alan Douglas Kirton; Petitioning Creditor: Frieda Alwine Anna Mannigel; Representative of Trustee of the Estate: Official Receiver
Jurisdiction
Australia
Judgment Date
20 May 1983
Procedural Posture
Bankruptcy Application / Application for Discharge From Bankruptcy
Outcome
Application granted; applicant discharged from bankruptcy; previous orders discharged/varied; no order as to costs.
Legal Topics
Application for Discharge, Variation of Orders, Costs
Bankruptcy Application for Discharge Variation of Orders Costs

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Parties

Alan Douglas Kirton

Bankrupt

Frieda Alwine Anna Mannigel

Petitioning Creditor

Official Receiver

Representative of Trustee of the Estate

Procedural Posture

Bankruptcy Application / Application for Discharge From Bankruptcy

Legal Issues

  1. 1 Whether discharge from bankruptcy should be granted to Alan Douglas Kirton
  2. 2 Whether previous orders relating to examination of Mrs Kirton should be discharged or varied

Ratio Decidendi

The court held that since there was no opposition to the applications, and having regard to the evidence (including the affidavit by Mrs Kirton), it was appropriate to discharge and vary the earlier orders and grant a discharge from bankruptcy to Alan Douglas Kirton. Further, it was inappropriate to require Mrs Kirton to give evidence or produce documents given the progress and non-prosecution of the examination by Mrs Mannigel.

Court Disposition

Application granted; applicant discharged from bankruptcy; previous orders discharged/varied; no order as to costs.

Orders

  • Orders (1) and (2) made on 12 October 1982 be discharged.
  • Order (3) made on 12 October 1982 be varied to adjourn the bankrupt's application for discharge to 20 May 1983.