Re Bentley, Sandor [1983] FCA 194

Re Bentley, Sandor [1983] FCA 194

The application for discharge from bankruptcy is refused primarily because it is premature and the applicant has failed to demonstrate sufficient grounds for urgency or to discharge the heavy onus imposed by his unsatisfactory trading history and the circumstances identified by the Official Receiver.

Source-derived case information.

Parties
Applicant: Sandor Bentley; Respondent: Official Receiver
Jurisdiction
Australia
Judgment Date
08 August 1983
Procedural Posture
Bankruptcy Application / Application for Discharge From Bankruptcy
Outcome
application refused
Legal Topics
Discharge From Bankruptcy, Premature Application, Unsatisfactory Trading Record, Court Discretion
Bankruptcy Discharge From Bankruptcy Premature Application Unsatisfactory Trading Record Court Discretion

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Parties

Sandor Bentley

Applicant

Official Receiver

Respondent

Procedural Posture

Bankruptcy Application / Application for Discharge From Bankruptcy

Legal Issues

  1. 1 Whether discharge from bankruptcy should be granted to Sandor Bentley under s.150 of the Bankruptcy Act 1966
  2. 2 Whether the applicant's conduct and trading record support or disentitle discharge
  3. 3 Whether the application is premature and if urgency for discharge is adequately demonstrated

Ratio Decidendi

The application for discharge from bankruptcy is refused primarily because it is premature and the applicant has failed to demonstrate sufficient grounds for urgency or to discharge the heavy onus imposed by his unsatisfactory trading history and the circumstances identified by the Official Receiver.

Court Disposition

application refused

Orders

  • The application for discharge be refused