Re Markey, R.J. & Anor v. Ex parte Markey, D.M. [1987] FCA 179

Re Markey, R.J. & Anor v. Ex parte Markey, D.M. [1987] FCA 179

No grounds under s.150(6) for refusal or suspension of discharge were established; no relevant considerations of commercial morality preclude discharge; creditors would not benefit from continuance; and continuing bankruptcy may hamper access to low cost housing.

Parties
Bankrupt: Ronald Joseph Markey; Bankrupt/applicant: Deborah Margaret Markey; Creditor/objector: E.P. & S.M. Hunter; Creditor/objector: A.G. White; Official Trustee: Official Trustee
Jurisdiction
Australia
Judgment Date
23 March 1987
Procedural Posture
Bankruptcy / Application for Discharge
Outcome
application for discharge granted
Legal Topics
Discharge of Bankruptcy, Joint Bankrupts, Creditor Opposition, Commercial Morality
Bankruptcy Discharge of Bankruptcy Joint Bankrupts Creditor Opposition Commercial Morality

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Parties

Ronald Joseph Markey

Bankrupt

Deborah Margaret Markey

Bankrupt/applicant

E.P. & S.M. Hunter

Creditor/objector

A.G. White

Creditor/objector

Official Trustee

Official Trustee

Procedural Posture

Bankruptcy / Application for Discharge

Legal Issues

  1. 1 Whether Mrs Markey, as joint bankrupt, should be discharged under s.150 of the Bankruptcy Act 1966

Ratio Decidendi

No grounds under s.150(6) for refusal or suspension of discharge were established; no relevant considerations of commercial morality preclude discharge; creditors would not benefit from continuance; and continuing bankruptcy may hamper access to low cost housing.

Court Disposition

application for discharge granted

Orders

  • The applicant, Deborah Margaret Markey, be discharged from bankruptcy.