Ernest Abraham Siewertzs van-Reesema [1982] FCA 305

Ernest Abraham Siewertzs van-Reesema [1982] FCA 305

The application for discharge is refused because the bankrupt, a man of education and experience, has made no attempt to contribute to the payment of debts in his estate despite the ability to do so and has engaged in conduct to frustrate recovery by creditors. The Official Receiver’s objection that the bankrupt is able, or likely within five years, to make a significant contribution is established.

Parties
Applicant: Ernst Abraham Siewertsz van Reesema; Respondent: Official Receiver
Jurisdiction
Australia
Judgment Date
04 January 1982
Procedural Posture
Bankruptcy Discharge Application / Application for Discharge From Bankruptcy, Decision on the Merits
Outcome
Application for discharge refused.
Legal Topics
Application for Discharge From Bankruptcy, Objection by Official Receiver, Contribution to Estate, Commercial Morality, Creditor Protection
Bankruptcy Application for Discharge From Bankruptcy Objection by Official Receiver Contribution to Estate Commercial Morality Creditor Protection

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Parties

Ernst Abraham Siewertsz van Reesema

Applicant

Official Receiver

Respondent

Procedural Posture

Bankruptcy Discharge Application / Application for Discharge From Bankruptcy, Decision on the Merits

Legal Issues

  1. 1 Whether the bankrupt should be discharged from bankruptcy under s.149 and s.150 of the Bankruptcy Act 1966 in light of objections of the Official Receiver, including failure to contribute to estate and conduct of the bankrupt.

Ratio Decidendi

The application for discharge is refused because the bankrupt, a man of education and experience, has made no attempt to contribute to the payment of debts in his estate despite the ability to do so and has engaged in conduct to frustrate recovery by creditors. The Official Receiver’s objection that the bankrupt is able, or likely within five years, to make a significant contribution is established.

Court Disposition

Application for discharge refused.

Orders

  • The application for discharge is refused.
  • Each side is to pay its own costs.