Boschen, Re G.M & Anor Ex Parte The Bankrupt [1986] FCA 433

Boschen, Re G.M & Anor Ex Parte The Bankrupt [1986] FCA 433

Applicants, having no accusation of misconduct against them and facing practical difficulties, fulfilled the test of showing cogent grounds for discharge; the court exercised discretion and granted discharge.

Parties
Applicant: Graeme Mark Boschen; Applicant: Pamela Alwynne Boschen
Jurisdiction
Australia
Judgment Date
19 September 1986
Procedural Posture
Bankruptcy Application / Application for Discharge
Outcome
application granted
Legal Topics
Discharge of Bankruptcy, Early Discharge, Bankruptcy Misconduct, Creditor Interests, Public and Commercial Morality
Bankruptcy Discharge of Bankruptcy Early Discharge Bankruptcy Misconduct Creditor Interests Public and Commercial Morality

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Parties

Graeme Mark Boschen

Applicant

Pamela Alwynne Boschen

Applicant

Procedural Posture

Bankruptcy Application / Application for Discharge

Legal Issues

  1. 1 whether cogent grounds must be shown for discharge
  2. 2 whether there is a presumption in favour of early discharge
  3. 3 proper test for discharge in ordinary bankruptcy cases

Ratio Decidendi

Applicants, having no accusation of misconduct against them and facing practical difficulties, fulfilled the test of showing cogent grounds for discharge; the court exercised discretion and granted discharge.

Court Disposition

application granted

Orders

  • The applicants be discharged.