Re Moore-Smith, G.M. v. Ex parte The Bankrupt [1987] FCA 596

Re Moore-Smith, G.M. v. Ex parte The Bankrupt [1987] FCA 596

No cogent ground shown for early exercise of discretion for discharge; insufficient evidence as to the cause of the prior company failure, and not established that early discharge would be in the interests of the commercial community.

Parties
Applicant: Gordon McFarlane Moore-Smith; Respondent: The Official Trustee
Jurisdiction
Australia
Judgment Date
03 November 1987
Procedural Posture
Bankruptcy Application / Application for Discharge From Bankruptcy
Outcome
application refused
Legal Topics
Discharge From Bankruptcy, Director Disqualification, Company Insolvency
Bankruptcy Discharge From Bankruptcy Director Disqualification Company Insolvency

Case Brief

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Parties

Gordon McFarlane Moore-Smith

Applicant

The Official Trustee

Respondent

Procedural Posture

Bankruptcy Application / Application for Discharge From Bankruptcy

Legal Issues

  1. 1 Whether the applicant should be discharged early from bankruptcy to enable resumption of company directorship.
  2. 2 Whether sufficient evidence of the reason for the initial company failure was provided to justify early discharge.

Ratio Decidendi

No cogent ground shown for early exercise of discretion for discharge; insufficient evidence as to the cause of the prior company failure, and not established that early discharge would be in the interests of the commercial community.

Court Disposition

application refused

Orders

  • The application be refused.