Re Maxwell, Derryl Michael [1983] FCA 151

Re Maxwell, Derryl Michael [1983] FCA 151

The bankrupt should be granted a discharge under s.150 of the Bankruptcy Act 1966 (Cth), but, due to unsatisfactory commercial conduct and convictions for offences under the Bankruptcy Act and Crimes Act, the operation of the discharge is suspended for nine months.

Parties
Bankrupt/applicant: Derryl Michael Maxwell; Respondent: Official Receiver
Jurisdiction
Australia
Judgment Date
21 July 1983
Procedural Posture
Application for Discharge From Bankruptcy / Judgment and Orders on Application for Discharge
Outcome
Discharge granted, suspended for nine months
Legal Topics
Discharge From Bankruptcy, Creditor Objections, Bankruptcy Offences
Bankruptcy Discharge From Bankruptcy Creditor Objections Bankruptcy Offences

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Parties

Derryl Michael Maxwell

Bankrupt/applicant

Official Receiver

Respondent

Procedural Posture

Application for Discharge From Bankruptcy / Judgment and Orders on Application for Discharge

Legal Issues

  1. 1 Whether Derryl Michael Maxwell should be discharged from bankruptcy under s.150 of the Bankruptcy Act 1966 (Cth)
  2. 2 Whether the discharge should be suspended owing to the bankrupt's convictions and conduct

Ratio Decidendi

The bankrupt should be granted a discharge under s.150 of the Bankruptcy Act 1966 (Cth), but, due to unsatisfactory commercial conduct and convictions for offences under the Bankruptcy Act and Crimes Act, the operation of the discharge is suspended for nine months.

Court Disposition

Discharge granted, suspended for nine months

Orders

  • The public examination of the bankrupt shall be deemed to have been concluded on 17 July 1978.
  • Order the discharge of the bankrupt.