Re Graham Thomas Milne [1982] FCA 321

Re Graham Thomas Milne [1982] FCA 321

The grounds under s.150(6), including omission to keep records, trading and incurring credit while insolvent, incurring debts with no reasonable expectation of repayment, and unjustifiable extravagance in living, were established against the bankrupt. However, considering the length of bankruptcy, the applicant's current position, and his family, an order for discharge should be made but suspended for six months, to operate immediately if $5,000 is paid to the trustee for creditors' benefit.

Parties
Applicant: Graham Thomas Milne; Trustee/official Receiver: Official Receiver (as trustee of the estate of the bankrupt)
Jurisdiction
Australia
Judgment Date
20 April 1982
Procedural Posture
Bankruptcy / Application for Discharge of Bankrupt
Outcome
Order for discharge suspended for six months or to operate immediately upon payment of $5,000 to trustee for creditors' benefit.
Legal Topics
Discharge of Bankrupt, Objections to Discharge, Bankrupt's Conduct, Bankruptcy Act 1966 S.149 and S.150
Bankruptcy Discharge of Bankrupt Objections to Discharge Bankrupt's Conduct Bankruptcy Act 1966 S.149 and S.150

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 17
Sign in to unlock

Parties

Graham Thomas Milne

Applicant

Official Receiver (as trustee of the estate of the bankrupt)

Trustee/official Receiver

Procedural Posture

Bankruptcy / Application for Discharge of Bankrupt

Legal Issues

  1. 1 Whether Graham Thomas Milne should be discharged from bankruptcy despite objections by the Official Receiver
  2. 2 Whether objections under s.150(6) of the Bankruptcy Act 1966 have been established

Ratio Decidendi

The grounds under s.150(6), including omission to keep records, trading and incurring credit while insolvent, incurring debts with no reasonable expectation of repayment, and unjustifiable extravagance in living, were established against the bankrupt. However, considering the length of bankruptcy, the applicant's current position, and his family, an order for discharge should be made but suspended for six months, to operate immediately if $5,000 is paid to the trustee for creditors' benefit.

Court Disposition

Order for discharge suspended for six months or to operate immediately upon payment of $5,000 to trustee for creditors' benefit.

Orders

  • Order of discharge made but suspended for six months from 20 April 1982 on condition that, if $5,000 is paid to the trustee of estate for creditors' benefit, discharge shall operate from the date of that payment.