Tunn, Re J.T. Ex Parte The Bankrupt [1986] FCA 244

Tunn, Re J.T. Ex Parte The Bankrupt [1986] FCA 244

No reason of sufficient strength was shown to abbreviate the applicant's bankruptcy, as debts were substantial, contribution to payment minimal, and the applicant was somewhat careless in obligations to trustee. Frustration and competence alone do not justify routine granting of discharge.

Source-derived case information.

Parties
Applicant: John Thomas Tunn; Trustee: J.G. Allpass
Jurisdiction
Australia
Judgment Date
11 June 1986
Procedural Posture
Bankruptcy Application / Application for Discharge From Bankruptcy
Outcome
application dismissed
Legal Topics
Discharge From Bankruptcy, Solicitor's Practising Certificate, Role of Law Society
Bankruptcy Discharge From Bankruptcy Solicitor's Practising Certificate Role of Law Society

Source-derived case record

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Parties

John Thomas Tunn

Applicant

J.G. Allpass

Trustee

Procedural Posture

Bankruptcy Application / Application for Discharge From Bankruptcy

Legal Issues

  1. 1 Whether sufficient reason exists to grant early discharge from bankruptcy to a bankrupt solicitor
  2. 2 Whether the court should exercise its discretion to shorten the bankruptcy period

Ratio Decidendi

No reason of sufficient strength was shown to abbreviate the applicant's bankruptcy, as debts were substantial, contribution to payment minimal, and the applicant was somewhat careless in obligations to trustee. Frustration and competence alone do not justify routine granting of discharge.

Court Disposition

application dismissed

Orders

  • The application for an order of discharge from bankruptcy be dismissed.