Re Tregonning, M.J. [1985] FCA 432

Re Tregonning, M.J. [1985] FCA 432

The applicant is discharged from bankruptcy, but because his conduct falls within s.150(6) of the Bankruptcy Act—having incurred liabilities while insolvent and without reasonable expectation of being able to pay—discharge is suspended and conditional until 30 October 1985. The applicant must undertake not to participate in business or hold office as director or secretary of a company until 30 October 1988.

Parties
Applicant: Michael John Tregonning; Respondent: H. A. Richards, Official Receiver
Jurisdiction
Australia
Judgment Date
03 September 1985
Procedural Posture
Application for Discharge From Bankruptcy / Judgment and Orders
Outcome
conditional discharge granted
Legal Topics
Application for Discharge, Refusal or Suspension of Discharge, Bankrupt Conduct, Duration of Sequestration
Bankruptcy Application for Discharge Refusal or Suspension of Discharge Bankrupt Conduct Duration of Sequestration

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 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Michael John Tregonning

Applicant

H. A. Richards, Official Receiver

Respondent

Procedural Posture

Application for Discharge From Bankruptcy / Judgment and Orders

Legal Issues

  1. 1 Whether the applicant should be discharged from bankruptcy
  2. 2 Whether conduct falling within s.150(6) of the Bankruptcy Act 1966 justifies refusal or conditional discharge

Ratio Decidendi

The applicant is discharged from bankruptcy, but because his conduct falls within s.150(6) of the Bankruptcy Act—having incurred liabilities while insolvent and without reasonable expectation of being able to pay—discharge is suspended and conditional until 30 October 1985. The applicant must undertake not to participate in business or hold office as director or secretary of a company until 30 October 1988.

Court Disposition

conditional discharge granted

Orders

  • The bankrupt is discharged, but the operation of this order is suspended, subject to the following condition, until 30 October 1985.
  • The condition is that the bankrupt undertake to the Court not to carry on business on his own account, execute any guarantee, or accept office as director or secretary of a company, until 30 October 1988.