Re Quinn-Schofield, W & Anor v. Ex parte Quinn-Schofield, W. [1987] FCA 436

Re Quinn-Schofield, W & Anor v. Ex parte Quinn-Schofield, W. [1987] FCA 436

No misconduct was found under s.150(6) of the Bankruptcy Act 1966. Given the bankrupts' compliance and their stated intention, discharge is warranted but should be made subject to a three-month suspension and a condition restricting business activities until the end of the statutory period.

Parties
Applicant/bankrupt: William Rodney Quinn-Schofield; Applicant/bankrupt: Anne Quinn-Schofield; Respondent: Official Receiver
Jurisdiction
Australia
Judgment Date
17 August 1987
Procedural Posture
Bankruptcy Application / Application for Discharge From Bankruptcy
Outcome
Conditional discharge granted, suspended for three months with specified conditions.
Legal Topics
Bankruptcy Discharge, Conditions of Discharge, Effect of Business Failure, Role of Official Receiver
Bankruptcy Bankruptcy Discharge Conditions of Discharge Effect of Business Failure Role of Official Receiver

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Parties

William Rodney Quinn-Schofield

Applicant/bankrupt

Anne Quinn-Schofield

Applicant/bankrupt

Official Receiver

Respondent

Procedural Posture

Bankruptcy Application / Application for Discharge From Bankruptcy

Legal Issues

  1. 1 Whether the bankrupts should be discharged from bankruptcy under s.150 of the Bankruptcy Act 1966
  2. 2 Whether any conditions should be imposed on the discharge

Ratio Decidendi

No misconduct was found under s.150(6) of the Bankruptcy Act 1966. Given the bankrupts' compliance and their stated intention, discharge is warranted but should be made subject to a three-month suspension and a condition restricting business activities until the end of the statutory period.

Court Disposition

Conditional discharge granted, suspended for three months with specified conditions.

Orders

  • The bankrupt is discharged but the operation of the order is suspended until 16 November 1987 on condition of an undertaking not to carry on business, enter partnerships, execute guarantees, or act as a director or secretary of any company until 6 February 1989 (for both applicants).