Re Kersten, H.W. [1986] FCA 107

Re Kersten, H.W. [1986] FCA 107

The applicant was granted an order of discharge, suspended and subject to conditions: payment of $1,000 per month to the Official Receiver for creditors until October 1987, and an undertaking not to engage in business, nor act as a director, partner, or employee in relevant companies or partnerships, until September 1988, having regard primarily to the applicant's age, circumstances, explanation of debts, absence of creditor opposition, and proposed contributions, but also subject to significant judicial scrutiny of the circumstances and public interest.

Parties
Bankrupt/applicant: Herbert Wander Kersten; Respondent: Official Receiver
Jurisdiction
Australia
Judgment Date
11 March 1986
Procedural Posture
Bankruptcy Application / Application for Early Discharge From Bankruptcy
Outcome
Order of discharge granted, suspended and subject to conditions.
Legal Topics
Discharge From Bankruptcy, Early Discharge, Conditions of Discharge
Bankruptcy Discharge From Bankruptcy Early Discharge Conditions of Discharge

Case Brief

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Parties

Herbert Wander Kersten

Bankrupt/applicant

Official Receiver

Respondent

Procedural Posture

Bankruptcy Application / Application for Early Discharge From Bankruptcy

Legal Issues

  1. 1 Whether the bankrupt should be discharged prior to expiration of three years from the date of bankruptcy under s 150 of the Bankruptcy Act 1966.
  2. 2 What principles and conditions guide the Court in deciding if early discharge is appropriate.

Ratio Decidendi

The applicant was granted an order of discharge, suspended and subject to conditions: payment of $1,000 per month to the Official Receiver for creditors until October 1987, and an undertaking not to engage in business, nor act as a director, partner, or employee in relevant companies or partnerships, until September 1988, having regard primarily to the applicant's age, circumstances, explanation of debts, absence of creditor opposition, and proposed contributions, but also subject to significant judicial scrutiny of the circumstances and public interest.

Court Disposition

Order of discharge granted, suspended and subject to conditions.

Orders

  • An order of discharge be made.
  • The operation of the order is suspended until 18 December 1985.