Durie, Re V.W. [1986] FCA 136

Durie, Re V.W. [1986] FCA 136

Given the absence of misconduct, the similarity of the bankrupt's circumstances to that of another recent case (Re Dummett), and the policy of consistency, the court should exercise its discretion to grant an order of discharge, but suspend its operation so that the period of bankruptcy is two years.

Parties
Applicant / Bankrupt: Victor William Durie; Creditor / Respondent: Network Finance Limited; Petitioning Creditor: Sterland Bros. Pty. Limited
Jurisdiction
Australia
Judgment Date
22 April 1986
Procedural Posture
Bankruptcy Application / Application for Discharge From Bankruptcy
Outcome
Order of discharge from bankruptcy granted with suspension until 8 July 1986
Legal Topics
Discharge From Bankruptcy, Exercise of Judicial Discretion
Bankruptcy Discharge From Bankruptcy Exercise of Judicial Discretion

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Parties

Victor William Durie

Applicant / Bankrupt

Network Finance Limited

Creditor / Respondent

Sterland Bros. Pty. Limited

Petitioning Creditor

Procedural Posture

Bankruptcy Application / Application for Discharge From Bankruptcy

Legal Issues

  1. 1 What are the principles governing the exercise of discretion to discharge a bankrupt under s.150 of the Bankruptcy Act 1966 (Cth)?
  2. 2 Should Victor William Durie be discharged from bankruptcy in his particular circumstances?

Ratio Decidendi

Given the absence of misconduct, the similarity of the bankrupt's circumstances to that of another recent case (Re Dummett), and the policy of consistency, the court should exercise its discretion to grant an order of discharge, but suspend its operation so that the period of bankruptcy is two years.

Court Disposition

Order of discharge from bankruptcy granted with suspension until 8 July 1986

Orders

  • The applicant, Victor William Durie, be discharged from bankruptcy.
  • The operation of the order of discharge be suspended until 8 July 1986.