RE Lance Austin Davis v Ex Parte Bankrupt [1985] FCA 396

RE Lance Austin Davis v Ex Parte Bankrupt [1985] FCA 396

Given the applicant has been a bankrupt for over twenty-three years, is an invalid pensioner with no assets, and the objection to discharge will lapse by operation of law, it is now appropriate to grant discharge despite previous unsatisfactory conduct.

Parties
Applicant: Lance Austin Davis
Jurisdiction
Australia
Judgment Date
16 August 1985
Procedural Posture
Bankruptcy Application / Third Application for Discharge After Sequestration Order
Outcome
Discharge granted
Legal Topics
Discharge of Bankrupt, Court Discretion in Bankruptcy, Unsatisfactory Conduct by Bankrupt
Bankruptcy Discharge of Bankrupt Court Discretion in Bankruptcy Unsatisfactory Conduct by Bankrupt

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Parties

Lance Austin Davis

Applicant

Procedural Posture

Bankruptcy Application / Third Application for Discharge After Sequestration Order

Legal Issues

  1. 1 Whether the applicant should be discharged from bankruptcy despite prior unsatisfactory conduct and previous refusals

Ratio Decidendi

Given the applicant has been a bankrupt for over twenty-three years, is an invalid pensioner with no assets, and the objection to discharge will lapse by operation of law, it is now appropriate to grant discharge despite previous unsatisfactory conduct.

Court Disposition

Discharge granted

Orders

  • That the applicant, Lance Austin Davis, be discharged from bankruptcy.