Mackay, Re O.M. Ex Parte The Bankrupt [1986] FCA 527

Mackay, Re O.M. Ex Parte The Bankrupt [1986] FCA 527

Discharge was granted subject to suspension and conditions preventing the applicant from business activity, guarantees, or directorship until a specified date, as cogent grounds for discharge were marginal but sufficient, given age and opportunity to re-establish commercially, and absence of creditor opposition.

Parties
Applicant: Oswald Milne Mackay
Jurisdiction
Australia
Judgment Date
14 November 1986
Procedural Posture
Bankruptcy / Application for Discharge
Outcome
Discharge granted, suspended until 26 November 1986, subject to conditions until 26 November 1987.
Legal Topics
Application for Discharge, Attachment of Condition to Order, Duration of Bankruptcy, Power to Impose Conditions Under Bankruptcy Act S.150
Bankruptcy Application for Discharge Attachment of Condition to Order Duration of Bankruptcy Power to Impose Conditions Under Bankruptcy Act S.150

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Parties

Oswald Milne Mackay

Applicant

Procedural Posture

Bankruptcy / Application for Discharge

Legal Issues

  1. 1 Whether cogent ground must be shown for discharge of bankrupt
  2. 2 Whether a condition can be attached to discharge order under s.150(9)(c) of the Bankruptcy Act

Ratio Decidendi

Discharge was granted subject to suspension and conditions preventing the applicant from business activity, guarantees, or directorship until a specified date, as cogent grounds for discharge were marginal but sufficient, given age and opportunity to re-establish commercially, and absence of creditor opposition.

Court Disposition

Discharge granted, suspended until 26 November 1986, subject to conditions until 26 November 1987.

Orders

  • The bankrupt be discharged, but the operation of this order be suspended until 26 November 1986, subject to the condition that the bankrupt undertake to the Court not to carry on business on his own account or in partnership, execute any guarantee or hold office as a director of a company, until 26 November 1987.