Re Redmond, G.L.D. Ex Parte Redmond, G.L.D. [1985] FCA 440
In the absence of particularly reprehensible conduct and where continued bankruptcy is unlikely to benefit creditors, early discharge may be ordered subject to a condition of payment to the Official Receiver.
- Parties
- Bankrupt: Gary Lisle Daniel Redmond
- Jurisdiction
- Australia
- Judgment Date
- 24 June 1985
- Procedural Posture
- Application for Early Discharge From Bankruptcy / Hearing of Application for Discharge Before Expiration of Statutory Period
- Outcome
- Order for discharge made; operation suspended for one month and subject to payment condition.
- Legal Topics
- Discharge From Bankruptcy, Objections by Creditors, Bankruptcy Act 1966
Case Brief
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Parties
Gary Lisle Daniel Redmond
Bankrupt
Procedural Posture
Application for Early Discharge From Bankruptcy / Hearing of Application for Discharge Before Expiration of Statutory Period
Legal Issues
- 1 Whether the bankrupt should be discharged before the expiration of the statutory period under s.149 of the Bankruptcy Act 1966
- 2 What considerations should inform the exercise of discretion to grant early discharge and whether conditions should be imposed
Ratio Decidendi
In the absence of particularly reprehensible conduct and where continued bankruptcy is unlikely to benefit creditors, early discharge may be ordered subject to a condition of payment to the Official Receiver.
Court Disposition
Order for discharge made; operation suspended for one month and subject to payment condition.
Orders
- Order for discharge from bankruptcy made for Gary Lisle Daniel Redmond.
- Operation of the discharge is suspended for one month.
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