Re Hunter, N.R

Case

[1992] FCA 245

24 Apr 1992


24s I ........ ..I...
JUDGMENT NO. ..- .

IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT

OF THE STATE OF OUEENSLAND

DEBTOR'S PETITION

No 0B965 of 1990

RE: NORMAN ROSS HUNTER

Debtor

MINUTES OF ORDER

JUDGE MAKING ORDER:  Cooper J
DATE OF ORDER:  24 April, 1992
WHERE MADE:  Brisbane
THE COURT ORDERS THAT: 
  1. That Norman Ross Hunter be discharged from bankruptcy.

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

- -

,-

DEBTOR'S PETITION

No 0B965 of 1990

RE: NORMAN ROSS HUNTER

Debtor

CORAM:  cooper J
DATE :  24 April, 1992
PLACE  Brisbane

EX TEMPORE REASONS FOR JUDGMENT

This is an application by Norman Ross Hunter, a

bankrupt for discharge from his bankruptcy pursuant to section

150 of the Bankru~tcv Act 1966 as amended.

The bankrupt was made bankrupt on his own petition
on 5 August 1990. The circumstances giving rise to his

bankruptcy are set out in his affidavit. Briefly they are

by a company, and in that capacity gave personal guarantees.

that he became involved in the business with others carried on

Upon the liquidation of the company the bankrupt found that his exposure was such that he was unable to meet his debts as they fell due and, accordingly, filed his own petition.

He has obtained employment with Messrs. Norman Disney and Young, Consulting Engineers. Mr. Gault, a senior associate of that firm, has filed an affidavit wherein he deposes that the applicant is a conscientious worker well regarded by his employer and one with a future with the company. However, at the present time, his status of bankrupt and his inability to seek overseas postings in the business of the firm are seen as holding him back in terms of his employment prospects. Notice was given to the creditors of this intended application. No opposition has been expressed by any creditor.

There is before the court a report from Mr. Peter Gerhoff, Registered Trustee. Mr. Gerhoff expresses the opinion that, in his view, the bankrupt has not committed any act which could constitute an offence under the Bankruptcv

G. He also expresses the opinion that there are no matters

which, in his view, would justify the court in refusing, suspending, or qualifying the bankrupt's discharge or release.

In those circumstances, it seems to me that there
are cogent reasons why the court ought to exercise its
discretion under section 150 in favour of the applicant. I
order that Norman Ross Hunter be discharged from bankruptcy.

I certify that this and the . . . preceding pages are a true copy of the reasons for judgment herein of the Honourable Mr. Justice Cooper.

Date: d 4 k l)pv.l /q@.

Associate

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