Re Pitt, Kenneth James [1983] FCA 150

Re Pitt, Kenneth James [1983] FCA 150

Having considered that the bankrupt's conduct was found satisfactory, that no matters under s.150(6) were reported, the creditors are not opposing, and the objection by the Official Trustee under s.149 merely prevented the automatic discharge, the court exercises its discretion to order an unconditional discharge from bankruptcy.

Parties
Bankrupt / Applicant: Kenneth James Pitt; Creditor / Petitioning Creditor: Yorkstar Motors Pty. Limited; Official Receiver / Respondent: Official Receiver; Objector to Discharge (by Force of S.149 of the Act): Official Trustee
Jurisdiction
Australia
Judgment Date
21 July 1983
Procedural Posture
Bankruptcy Application / Application for Discharge From Bankruptcy After Sequestration Order
Outcome
Order for discharge of bankrupt granted.
Legal Topics
Discharge of Bankrupt, Sequestration Order, Objection to Discharge
Bankruptcy Discharge of Bankrupt Sequestration Order Objection to Discharge

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Parties

Kenneth James Pitt

Bankrupt / Applicant

Yorkstar Motors Pty. Limited

Creditor / Petitioning Creditor

Official Receiver

Official Receiver / Respondent

Official Trustee

Objector to Discharge (by Force of S.149 of the Act)

Procedural Posture

Bankruptcy Application / Application for Discharge From Bankruptcy After Sequestration Order

Legal Issues

  1. 1 Whether the applicant should be discharged from bankruptcy under s.150 of the Bankruptcy Act 1966 (Cth)

Ratio Decidendi

Having considered that the bankrupt's conduct was found satisfactory, that no matters under s.150(6) were reported, the creditors are not opposing, and the objection by the Official Trustee under s.149 merely prevented the automatic discharge, the court exercises its discretion to order an unconditional discharge from bankruptcy.

Court Disposition

Order for discharge of bankrupt granted.

Orders

  • The public examination of the bankrupt shall be deemed to have been concluded on 6 September, 1977.
  • Order for the discharge of the bankrupt.