Re Hunter, N.R

Case [1992] FCA 245


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

Details
AGLC
Re Hunter, N.R [1992] FCA 245
Case
[1992] FCA 245
Decision Date

CaseChat Overview and Summary

In the Federal Court of Australia, General Division, Bankruptcy District of the State of Queensland, Cooper J presided over the case of Re Hunter, N.R, debtor's petition No 0B965 of 1990. The petitioner, Norman Ross Hunter, sought discharge from bankruptcy pursuant to section 150 of the Bankruptcy Act 1966. Hunter filed for bankruptcy on his own petition on 5 August 1990, following his involvement in a company that ultimately liquidated, leaving him unable to meet his debts.

The central legal issue for the court was whether Hunter should be granted a discharge from bankruptcy. The court had to consider Hunter's affidavit detailing his circumstances, the affidavit from his employer attesting to his employment status and potential future prospects, and the report from the Registered Trustee, Mr. Peter Gerhoff. Gerhoff's report stated that Hunter had not committed any acts that could constitute an offence under the Bankruptcy Act and that there were no grounds to refuse, suspend, or qualify his discharge.

Cooper J determined that there were sufficient grounds to exercise the court's discretion in favour of Hunter's discharge. The court took into account Hunter's employment status, his employer's positive assessment of his work ethic, and the lack of opposition from creditors. Consequently, Cooper J ordered that Norman Ross Hunter be discharged from bankruptcy, effective 24 April 1992.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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