Re Harding, Phillip Hassett [1981] FCA 206

Re Harding, Phillip Hassett [1981] FCA 206

The application for discharge must be refused because the bankrupt failed to make reasonable contributions to his estate from his real income, evidence justified further investigation of alleged forgeries, and the bankrupt must demonstrate good faith and positive efforts to contribute to his creditors before a discharge can be considered.

Parties
Bankrupt / Applicant: Phillip Hassett Harding; Objector / Respondent: Official Trustee; Creditor / Objector / Respondent: W. R. Carpenter Australia Limited; Creditor / Objector / Respondent: Robert Fitzgerald Shaw; Creditor: Eve Mavis Harman; Creditor: Phillips Kitchen & Co., Stock and Share Brokers
Jurisdiction
Australia
Judgment Date
06 November 1981
Procedural Posture
Bankruptcy Application for Discharge / Decision on Application for Discharge From Bankruptcy
Outcome
application for discharge refused
Legal Topics
Application for Discharge, Trusts and Beneficial Ownership, Remuneration and Undeclared Benefits, Fraud Allegations, Bankruptcy Act 1966 S. 150
Bankruptcy Application for Discharge Trusts and Beneficial Ownership Remuneration and Undeclared Benefits Fraud Allegations Bankruptcy Act 1966 S. 150

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Parties

Phillip Hassett Harding

Bankrupt / Applicant

Official Trustee

Objector / Respondent

W. R. Carpenter Australia Limited

Creditor / Objector / Respondent

Robert Fitzgerald Shaw

Creditor / Objector / Respondent

Eve Mavis Harman

Creditor

Phillips Kitchen & Co., Stock and Share Brokers

Creditor

Procedural Posture

Bankruptcy Application for Discharge / Decision on Application for Discharge From Bankruptcy

Legal Issues

  1. 1 Whether real estate owned by the bankrupt's wife or companies controlled by her was held on trust for the bankrupt
  2. 2 Whether the bankrupt received benefits substantially exceeding his stated salary and allowances
  3. 3 Matters to be considered in determining an application for discharge from bankruptcy

Ratio Decidendi

The application for discharge must be refused because the bankrupt failed to make reasonable contributions to his estate from his real income, evidence justified further investigation of alleged forgeries, and the bankrupt must demonstrate good faith and positive efforts to contribute to his creditors before a discharge can be considered.

Court Disposition

application for discharge refused

Orders

  • That the application for discharge be refused;
  • That the bankrupt pay one-third of the costs of the Official Receiver, of Carpenters and of Mr. Shaw of this application including reserved costs;