Re Fitzgibbon, B.K. Ex Parte Fitzgibbon, B.P
[1992] FCA 243
•24 Apr 1992
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT
OF THE STATE OF OUEENSLAND
No. 1811 of 1992
RE: BRIAN KEVIN FITZGIBBON
EX PARTE: BRIAN PATRICK FITZGIBBON
Debtor
MINUTES OF ORDER
JODGE MAKING ORDER: Cooper J DATE OF ORDER: 24 April, 1992 WHERE W E : Brisbane THE COURT ORDERS THAT:
That Brian Kevin Fitzgibbon be discharged from bankruptcy.
Note: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
AUSTRALIA
7 MAY 1992
FEDERAL COURT OF
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT
OF THE STATE OF OUEENSLAND
No. 1811 of 1992
RE: BRIAN KEVIN FITZGIBBON
EX PARTE: BRIAN PATRICK FITZGIBBON
Debtor
CORAM : Cooper J DATE : 24 April, 1992 PLACE : Brisbane
EX TEMPORE REASONS FOR JUDGMENT
This is an application by Brian Kevin Fitzgibbon pursuant to section 150 of the Bankru~tcv Act 1966 as amended for discharge from his bankruptcy. The applicant was made bankrupt on 15 August 1991 on the petition of the Bank of New Zealand. In his affidavit, the applicant sets out the circumstances surrounding his bankruptcy.
Briefly, they are that he became involved in a gave personal guarantees and secured his assets for the
series of business ventures involving companies wherein he
benefit of those ventures. The ventures failed and the securities and his guarantee were called up. In the circumstances, he was unable to meet the liabilities which he had undertaken by way of surety.
Notice has been given to the creditors of his estate. No creditor appears to oppose and no notice of intention to oppose the application has been made. The court has before it a report from Mr Worrell, the Trustee of the estate. The Trustee does not oppose the making of the order sought nor does the report disclose any adverse circumstance which would influence the court to refuse the application.
The applicant is an accountant by profession and a tax agent. He has in the past conducted a business of tax agent and accountant. At the present time he desires to re- establish himself in that area but cannot do so having regard to his status of bankrupt.
In all the circumstances I am satisfied that there are cogent reasons why a discharge should be granted at this point in time.
Accordingly, I order that Brian Kevin Fitzgibbon be
discharged from bankruptcy.
preceding page is a true copy of the I certify that this and the one (1) reasons for judgment herein of the
Honourable Mr. Justice Cooper.Associate
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