Re Daf, B.L. & Anor Ex parte Daff, B.L. & Anor [1985] FCA 448

Re Daf, B.L. & Anor Ex parte Daff, B.L. & Anor [1985] FCA 448

As the matters specified in the Official Receiver's report under s 150(6) were not answered by the bankrupts, the Court was precluded from granting immediate discharge. However, taking into account all the circumstances, discharge was appropriate but should be suspended until 19 January 1986, without conditions, to reflect the unsatisfactory aspects of the bankruptcies.

Parties
Applicant/bankrupt: Brian Leonard Daff; Applicant/bankrupt: Anne Elizabeth Daff; Respondent: Official Receiver; Creditor/opponent: Umberto Procopio
Jurisdiction
Australia
Judgment Date
09 September 1985
Procedural Posture
Application for Discharge From Bankruptcy / Judgment and Orders Following Hearing
Outcome
Discharge from bankruptcy granted but suspended until 19 January 1986 for both applicants.
Legal Topics
Discharge From Bankruptcy, Trustee's Report, Objection to Discharge, Court's Discretion
Bankruptcy Discharge From Bankruptcy Trustee's Report Objection to Discharge Court's Discretion

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 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Brian Leonard Daff

Applicant/bankrupt

Anne Elizabeth Daff

Applicant/bankrupt

Official Receiver

Respondent

Umberto Procopio

Creditor/opponent

Procedural Posture

Application for Discharge From Bankruptcy / Judgment and Orders Following Hearing

Legal Issues

  1. 1 Whether the matters under s 150(6) of the Bankruptcy Act 1966 have been established to preclude immediate discharge from bankruptcy
  2. 2 What degree of particularity is required in the trustee's (Official Receiver's) report under s 150(3)
  3. 3 Appropriate exercise of the Court's discretion under s 150(9) to grant, refuse or suspend discharge

Ratio Decidendi

As the matters specified in the Official Receiver's report under s 150(6) were not answered by the bankrupts, the Court was precluded from granting immediate discharge. However, taking into account all the circumstances, discharge was appropriate but should be suspended until 19 January 1986, without conditions, to reflect the unsatisfactory aspects of the bankruptcies.

Court Disposition

Discharge from bankruptcy granted but suspended until 19 January 1986 for both applicants.

Orders

  • Brian Leonard Daff and Anne Elizabeth Daff each be discharged from bankruptcy, but in each case the discharge is suspended until 19 January 1986.