Paul Palenkas v. Raymor (Brisbane ) Pty Ltd [1982] FCA 237

Raymor (Brisbane) Pty Limited made out a prima facie case that the bankrupt's conduct before bankruptcy was unsatisfactory; the Court granted leave to enter an objection to the discharge under s.149 on that ground.

Parties: Bankrupt: Paul Palenkas; Creditor: Raymor (Brisbane) Pty Limited
Jurisdiction: Australia
Judgment Date: 08 November 1982
Procedural Posture: Bankruptcy Application / Application for Leave to Enter Objection to Discharge
Outcome: Leave to enter objection to automatic discharge granted.
Legal Topics: Objection to Automatic Discharge, Commercial Standards, Application for Leave

Bankruptcy Objection to Automatic Discharge Commercial Standards Application for Leave

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Parties

Paul Palenkas

Bankrupt

Raymor (Brisbane) Pty Limited

Creditor

Procedural Posture

Bankruptcy Application / Application for Leave to Enter Objection to Discharge

Legal Issues

1 Should leave be granted to Raymor (Brisbane) Pty Limited to enter an objection to the automatic discharge of the bankrupt Paul Palenkas?
2 Was the conduct of the bankrupt before his bankruptcy unsatisfactory within the meaning of Bankruptcy Act s.149(4)(d)?

Ratio Decidendi

Court Disposition

Leave to enter objection to automatic discharge granted.

Orders

Raymor (Brisbane) Pty Limited has leave to enter an objection in accordance with the prescribed form and manner to the discharge of the bankrupt Paul Palenkas by virtue of s.149 of the Bankruptcy Act on the ground that the conduct of the bankrupt before his bankruptcy was unsatisfactory.
The costs of and incidental to the application to be taxed and paid out of the estate of the bankrupt.