Allan Kendrick Dean v Lionel Barrie Woodward [1984] FCA 442

Allan Kendrick Dean v Lionel Barrie Woodward [1984] FCA 442

The applicants were not discharged by operation of law in 1981 because the objections to discharge did not lapse as per s.72(2) of the Bankruptcy Amendment Act 1980; circumstances of the case, passage of time, absence of moral censure in incurring debts, and family considerations warranted granting discharge despite unsatisfactory aspects.

Jurisdiction
Australia
Judgment Date
12 December 1984
Procedural Posture
Bankruptcy Discharge Application / Final Judgment
Outcome
applications for discharge granted
Legal Topics
['application for Discharge' 'objection to Discharge' 'operation of Law' 'grounds of Objection' "court's Discretion"]
['bankruptcy'] ['application for Discharge' 'objection to Discharge' 'operation of Law' 'grounds of Objection' "court's Discretion"]

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Procedural Posture

Bankruptcy Discharge Application / Final Judgment

Legal Issues

  1. 1 ['Whether the applicants were discharged from bankruptcy by operation of law under s.149 of the Bankruptcy Act 1966 as amended' "Whether the Official Trustee's objections to discharge were valid and/or had lapsed" "Matters relevant to the Court's discretion in discharge applications"]

Ratio Decidendi

The applicants were not discharged by operation of law in 1981 because the objections to discharge did not lapse as per s.72(2) of the Bankruptcy Amendment Act 1980; circumstances of the case, passage of time, absence of moral censure in incurring debts, and family considerations warranted granting discharge despite unsatisfactory aspects.

Court Disposition

applications for discharge granted

Orders

  • ['There be an order of discharge in each case' 'The bankrupts pay the costs of the Official Trustee of these applications including reserved costs and the costs of the proceedings before the Court on 5 November and today']