Re Woodward , J.R. [1987] FCA 328

Re Woodward , J.R. [1987] FCA 328

The applicant will be granted a discharge from bankruptcy, but the discharge is suspended until 30 June provided the outstanding $1536.40 is paid prior to that date; otherwise, the suspension continues for six months from the date of judgment.

Parties
Applicant / Bankrupt: John Robert Woodward
Jurisdiction
Australia
Judgment Date
04 May 1987
Procedural Posture
Bankruptcy Application / Application for Discharge From Bankruptcy
Outcome
Discharge from bankruptcy granted, suspended until 30 June subject to payment of fees; otherwise, suspension for six months.
Legal Topics
Discharge From Bankruptcy, Exercise of Judicial Discretion
Bankruptcy Discharge From Bankruptcy Exercise of Judicial Discretion

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Parties

John Robert Woodward

Applicant / Bankrupt

Procedural Posture

Bankruptcy Application / Application for Discharge From Bankruptcy

Legal Issues

  1. 1 Whether the applicant should be discharged from bankruptcy given the circumstances of his case and payment of outstanding fees

Ratio Decidendi

The applicant will be granted a discharge from bankruptcy, but the discharge is suspended until 30 June provided the outstanding $1536.40 is paid prior to that date; otherwise, the suspension continues for six months from the date of judgment.

Court Disposition

Discharge from bankruptcy granted, suspended until 30 June subject to payment of fees; otherwise, suspension for six months.

Orders

  • Discharge from bankruptcy is granted but suspended until 30 June provided $1536.40 is paid to Official Receiver before that date.
  • If not paid, suspension continues for six months from this date.