Re Hall, E.A. (also known as Sheahan, E.A.) v. Ex parte Hall, E.A. [1987] FCA 659

Re Hall, E.A. (also known as Sheahan, E.A.) v. Ex parte Hall, E.A. [1987] FCA 659

There are no satisfactory reasons under sub-s.150(6) for refusal or suspension of discharge; the bankrupt's conduct before bankruptcy was not unsatisfactory; the debts were relatively small and arose primarily from over-use of credit and circumstances of low income; thus, unconditional discharge from both the 1982 and 1984 bankruptcies is appropriate.

Parties
Applicant/bankrupt: Edwin Alan Hall (also known as Edwin Alan Sheahan); Respondent: Official Trustee
Jurisdiction
Australia
Judgment Date
23 November 1987
Procedural Posture
Application for Bankruptcy Discharge / Final Judgment
Outcome
Applications for discharge granted. Unconditional discharge ordered for both the 1982 and 1984 bankruptcies.
Legal Topics
Bankruptcy Discharge, Multiple Bankruptcies, Bankruptcy Act Procedures
Bankruptcy Bankruptcy Discharge Multiple Bankruptcies Bankruptcy Act Procedures

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Parties

Edwin Alan Hall (also known as Edwin Alan Sheahan)

Applicant/bankrupt

Official Trustee

Respondent

Procedural Posture

Application for Bankruptcy Discharge / Final Judgment

Legal Issues

  1. 1 Whether Edwin Alan Hall should be discharged from his 1982 and 1984 Western Australia bankruptcies under s.150 of the Bankruptcy Act
  2. 2 Whether any matters under sub-s.150(6) require refusal or suspension of discharge
  3. 3 Appropriateness of unconditional discharge given the circumstances

Ratio Decidendi

There are no satisfactory reasons under sub-s.150(6) for refusal or suspension of discharge; the bankrupt's conduct before bankruptcy was not unsatisfactory; the debts were relatively small and arose primarily from over-use of credit and circumstances of low income; thus, unconditional discharge from both the 1982 and 1984 bankruptcies is appropriate.

Court Disposition

Applications for discharge granted. Unconditional discharge ordered for both the 1982 and 1984 bankruptcies.

Orders

  • The bankrupt Edwin Alan Hall (also known as Edwin Alan Sheahan) is discharged from the bankruptcy of 1982 (No. 239 of 1982).
  • The bankrupt Edwin Alan Hall (also known as Edwin Alan Sheahan) is discharged from the bankruptcy of 1984 (No. 205 of 1984).