Kilpatrick, Re D.J.W. Bankrupt, Ex Parte The

[1986] FCA 53

*' 5'3

.

I N T Y E F E D E R A L COTJRT OF A U S T R X I A )

GSNERILI, l 3 I V I S I O N )

BANKRLJPTCY D I S T R I C T O F THE STP-TE OF	)
VYCTORIA	! No. 686 of l984

EX PX?T.TE: THX BANKRUPT

Respordent

C ~ 3 l X Y : JACKSON S .

m:	5 PeSruary 1986
PLACE :	MELEOURNE

REASONS FO2 JUDGMENT

On 10th September, 1984, the appllcanc was made

bankrupt on her ohm applicatlon. She now apFlles fcr an order

of discharge under s.150(1) of the Bankruptcy Act 1966.

At the tune when she became bankrupt, the bankrupt's

unsecured credltors smounted In total to $24,433.00. The

Officlal Receiver has stated In hls report that In hls oplnion

the causes of the bankruptcy were the fallure of Marvel

Marketlng Pty Ltd, a company wlth whlch she was concerned,

a.?d the personal guarantees given by the bankr-lpt for some of

tne debts of that company.

Marvel Marketlng Pty Ltd was a company whlch was

incorporated C O act as trustee sf the Rllpatrick Family Trust,

the bankrupt and her former husband b e n g the sole dlrectors

of the company at all times after 30th Mar& 1979.

Although the banxrupt performed secretarlal services

for the conpany, her husban6 was General Yanager and salesman

and the com2ar.y appears to have Seer. cmducted ~n practical

terns by her husband.

The bankrj-lpt's deallngs with the company came to an

end In May, 19el after she separated from htr hLs3and. In

consequence of an agreement entersd Into ?ich hia under 5.37

,If the Famlly Law Act, she had been T l v n an mdemnlty m

respect cf a l l che company debts whlch she had personally

guaranteed. She expected her former husband to meec che

company debts for which she was personally l l z b l e m d wken he becane a bankrupt, sbe saw no alternatlve >ut to present her

ohm 2etltlon.

3

Applications under s.150(1) depend very much on thelr

own facts. In the present case I aa satlsfled that none of

the matters referred to In s.150(6) of the Act 1 s establlshed

and that there 1 s no purpose whlch m13kt csefuliy be served by

decllning to make an order.

Accordmqly, I make an order of dlscharqe I n respect

of the bankrupt.

I certlfy that thls and r;he

precedlnq pages a r e a trcle copy of the Reasons for Judgment herem of

his Honour Mr Justice Jackson.