Re finch, P.D Summary

IN THE FEDERAL COURT OF AUSTRALIA

G E N E W DIVISION
BANKRUPTCY DISTRICT

OF THE STATE OF OUEENSLAND

No OB 41 of 1990

RE: PETER DAVID FINCH

Debtor

HINUTES OF ORDER

JUDGE MAKING ORDER: Cooper J
DATE OF ORDER: 7 April, 1992
PLACE : Brisbane
THE COURT ORDERS THAT:

Peter David Finch be discharged from bankruptcy.

Note: Settlement and entry of orders is dealt with in Rule
124 of the Bankruptcy Rules.

.

IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT

OF THE STATE OF OUEENSLAND

No OB 41 of 1990

RE: PETER DAVID FINCH

Debtor

CO-: Cooper J
DATE : 7 April, 1992
PLACE : Brisbane

EX TEMPORE REASONS FOR JUDGMENT

This is an application by Peter David Finch pursuant to section 150 of the Bankru~tcv Act for discharge. The bankrupt became bankrupt on 17 January, 1990 as a result of certain debts which he incurred in the carrying on with others of a partnership business in Townsville of registered travel agent.

Since he has become bankrupt he has made full disclosure to the Official Receiver in Queensland of his affairs; two of his creditors have been paid out, and the remaining two substantial creditors, American Express and the Queensland Teachers Credit Union, have been advised by the bankrupt of his intended application today, such notice of proceedings having been given on 25 March, 1992.

The Official Receiver in Queensland does not oppose the application, nor is he aware of any adverse circumstance which would be relevant to the exercise of the discretion by

the court on this application. The application is necessary in that in his present employment with the company Traveland, the bankrupt's prospects of advancement in that employment are being hindered by his inability to apply for and obtain

'registration as a travel agent due to his status as a
bankrupt. Similarly, he needs access to his passport on a
regular basis, having regard to the demands of his employment.

Having regard to the report of the Official Receiver and the attitude of the Official Receiver expressed in court today, and further having regard to the circumstances of the bankrupt, I am satisfied that it is a proper case for me to exercise my discretion and order discharge.

Accordingly, I order that Peter David Finch be

discharged from bankruptcy.

I certify that this and the preceding page

are a true copy of the reasons for judgment herein of the Honourable Mr.
Justice Cooper.
Date: 7 April, 1992

?V/. W&c(/r,/tcl.

Associate

CaseChat Overview and Summary

In the Federal Court of Australia, the case of Re Finch, P.D involved an application by Peter David Finch for a discharge from bankruptcy. Finch had become bankrupt on 17 January 1990 due to debts incurred from operating a partnership business as a registered travel agent in Townsville. Finch had made full disclosure of his affairs to the Official Receiver in Queensland and had settled two of his creditors, while the remaining two substantial creditors, American Express and the Queensland Teachers Credit Union, had been notified of his application. The Official Receiver did not oppose the application and there were no adverse circumstances that would affect the court's discretion.

The legal issue before the court was whether to exercise its discretion to discharge Finch from bankruptcy under section 150 of the Bankruptcy Act. Finch argued that his current employment with Traveland was being hindered by his inability to obtain registration as a travel agent and access to his passport due to his bankruptcy status. The court considered the report of the Official Receiver and Finch's circumstances and concluded that it was appropriate to grant the discharge.

In its reasoning, the court noted that Finch had made full disclosure of his affairs and had settled or notified his creditors of his application. The Official Receiver did not oppose the application and there were no adverse circumstances. The court found that Finch's employment prospects and need for access to his passport justified the granting of a discharge. The court ordered that Finch be discharged from bankruptcy, allowing him to move forward with his career and personal life without the hindrance of his bankruptcy status.

Re finch, P.D

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

JUDGE MAKING ORDER:	Cooper J
DATE OF ORDER:	7 April, 1992
PLACE :	Brisbane
THE COURT ORDERS THAT:

Note:	Settlement and entry of orders is dealt with in Rule
124 of the Bankruptcy Rules.

are a true copy of the reasons for	judgment herein of the Honourable Mr.
Justice Cooper. Date: 7 April, 1992