26 Nov 2015
Because the applicant filed a Statement of Affairs, the Assignee reported that further administration would not benefit creditors, the reasons for the delayed filing were satisfactorily explained, the applicant has no realizable assets and modest committed income, and there is no public interest in continuation, the Court exercised its discretion to grant an absolute discharge immediately.
29 Jul 2015
The public examination under ss295–298 is an inquisitorial court‑led investigatory process, not an adversarial civil proceeding; therefore the bankrupt is not entitled as of right to pre‑examination discovery or to compel third‑party MBIE witnesses for cross‑examination. Interlocutory requests for broad disclosure or witness compulsion are inappropriate pre‑examination and are to be considered, if necessary, after the bankrupt's public examination so that any further orders can be narrowly tailored to issues the Court identifies as requiring additional material or witnesses to fairly conclude…
28 Jun 2013
Application refused because it was premature: the Ezulweni Family Trust had not received the anticipated capital from the Canadian estate, the repurchase could require borrowing in excess of the bankrupts' capacity (in excess of $100,000), and creditors opposed early discharge; court therefore refused discharge and fixed 30 September 2013 as the earliest reapplication date with restrictions.
4 Dec 2012
Having weighed the assignee's report, the applicant's cooperation, minimal creditors, the specific business opportunity and the inadequacy of s 149 in practice, the Court found good cause for an early discharge by a slim margin and ordered discharge subject to the condition that the Official Assignee's costs and disbursements of $8,392.87 be paid or an arrangement acceptable to the Assignee be reached and evidenced by written consent before the order is released from Court.