Re Gaffney, J.P. Ex Parte Gaffney, J.P

[1992] FCA 238

JUDGMENT NO. 222.81 / .% .-.. .

IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT

OF THE STATE OF OUEENSLAND

No OB 376 of 1990

RE: JOHN PATRICK GAFFNEY

EX PARTE: JOHN PATRICK GAFFNEY

Debtor

MINUTES OF ORDER

JUDGE MAKING ORDER:	Cooper J
DATE OF ORDER:	24 April, 1992
WHERE MADE:	Brisbane
THE COURT ORDERS THAT:

1.        That John Patrick Gaffney 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 AUSTWIA
GENERAL DIVISION
BANKRUPTCY DISTRICT

OF THE STATE OF OUEENSLAND

No OB 376 of 1990

RE: JOHN PATRICK GAFFNEY

EX PARTE: JOHN PATRICK GAFFNEY

Debtor

C O W :	Cooper J
DATE :	24 April, 1992
PLACE :	Brisbane

EX TEMPORE REASONS FOR JUDGMENT

This is an application by John Patrick Gaffney for discharge from his bankruptcy. Mr Gaffney was made bankrupt on 2 April 1990 on his own petition.

The circumstances leading to his bankruptcy are set
out in his affidavit in support of the application. It

appears that Mr Gaffney became involved with a building

company and in that capacity provided personal guarantees.	The building company failed and when the guarantees were
called up, it became apparent that the level of indebtedness of Mr Gaffney under the guarantees was such that he had no option but to seek his own bankruptcy.
Notice of this appearance has been given to his creditors. None of the creditors has indicated any opposition to the application which he brings. The Official Receiver has filed a report and there are no adverse matters raised in that report which would incline me to refuse the application. The application is not opposed by the Official Receiver.
Mr Gaffney has a background in the building and real estate area. He wishes to obtain a licence as a real estate agent in order to rebuild his personal circumstances and his status of bankrupt prevents him from doing so.
It seems to me on the material that there are cogent reasons why the court ought to exercise its discretion under section 150.

I order that John Patrick Gaffney be discharged from

bankruptcy.

I certify that this and the preceding page

is a true copy of the reasons for judgment herein of the Honourable . Justice Cooper.

Date: ay-kw W &mm 4 4 W&-.

Associate