Re O'Neill, M.J. & anor

IN THE FEDERAL COURT OF AUSTRALIA 1 NO. QB 938 of 1990
GENERAL DIVISION 1
BANKRUPTCY DISTRICT OF 1
THE STATE OF OUEENSLAND 1

RE : MAUREEN JOYCE O'NEILL and
TERRANCE JOHN O'NEILL
EX PARTE: MAUREEN JOYCE O'NEILL and

TERRANCE JOHN O'NEILL

Applicants

FEDERAL COURT OP

AUSTRALIA PRINCIPAL

MINUTES OF ORDER R E G I S W

JUDGE MAKING ORDER: Drummond J
DATE OF ORDER: 25 May, 1992
WHERE MADE: Brisbane
THE COURT ORDERS THAT:

The applicants are both discharged from bankruptcy pursuant to S. 150 of the Bankruptcv Act 1966 (12th).

NOTE : Settlement and entry of orders is dealt with in Rule

124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA 1 NO. QB 938 of 1990
GENERAT, DTVTSION )
BRNKRUPTCY DISTRICT OF 1
THE STATE OF OUEENSLAND 1

RE: MAUREEN JOYCE O'NEILL and
TERRANCE JOHN O'NEILL
EX PARTE: MAUREEN JOYCE O'NEILL and
TERRANCE JOHN O'NEILL
Applicants

CORAM: Drummond J

PLACE: Brisbane

DATE: 25 May, 1992

EX TEMPORE REASONS FOR JUDGMENT

In relation to the separate application by Mr. and Mrs. O'Neill for discharge from their respective bankruptcies,

I propose to grant the relief sought.

Sequestration orders were made on 23 July, ,1990. I

have taken into account the trustee's report and the circumstances leading up to the applicants' bankruptcies which

arise out of a failed restaurant venture involving Mr. and Mrs. O'Neill. I have also taken into account their respective ages and, in particular, the offer of employment which involves both Mr. and Mrs. O'Neill being appointed to the board of a company to be formed in Australia, but to perform duties in relation to a tourist venture in Guam.

Mr. O'Neillrs only source of income is presently a war services pension. I mention his age: he is 61 years of age. The remuneration that both he and his wife will receive from their participation in the G u m venture is tied to their respective performances. Taking into account all these

. matters as revealed in the material before me I have decided,

as I have said, to grant the application.

I certify that this and the preceding

page is a true copy of the reasons
for judgment herein of the Honourable
Mr. Justice Drummond.
Associate:

Date : 25 May, 1992

CaseChat Overview and Summary

The Federal Court of Australia dealt with an application by Maureen Joyce O'Neill and Terrance John O'Neill seeking discharge from their bankruptcies. The applicants, both involved in a failed restaurant business, sought relief under the Bankruptcy Act 1966. The matter was presided over by Drummond J, who considered the circumstances leading to the bankruptcies and the prospects of the applicants securing future employment.

The primary legal issue before the court was whether the applicants should be discharged from their respective bankruptcies, taking into account their circumstances and future prospects. The court needed to assess the evidence provided, including the trustee's report and the applicants' proposed employment in Guam, to determine if the conditions for discharge under section 150 of the Bankruptcy Act 1966 were met.

Drummond J granted the application for discharge, taking into account the failed restaurant venture, the applicants' ages, and their future employment offer in Guam. Notably, Mr. O'Neill's only source of income was a war services pension, and the remuneration from the new venture would depend on their performance. Drummond J concluded that the applicants met the criteria for discharge, given these considerations. The court certified the reasons for the judgment, confirming that the discharge orders would be entered in accordance with Rule 124 of the Bankruptcy Rules.

The final orders of the court were that Maureen Joyce O'Neill and Terrance John O'Neill were discharged from their bankruptcies, as per section 150 of the Bankruptcy Act 1966.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE FEDERAL COURT OF AUSTRALIA	1	NO. QB 938 of 1990
GENERAL DIVISION	1
BANKRUPTCY DISTRICT OF	1
THE STATE OF OUEENSLAND	1

JUDGE MAKING ORDER:	Drummond J
DATE OF ORDER:	25 May, 1992
WHERE MADE:	Brisbane
THE COURT ORDERS THAT:

IN THE FEDERAL COURT OF AUSTRALIA	1	NO. QB 938 of 1990
GENERAT, DTVTSION	)
BRNKRUPTCY DISTRICT OF	1
THE STATE OF OUEENSLAND	1

have taken into account the trustee's report and the	circumstances leading up to the applicants' bankruptcies which
arise out of a failed restaurant venture involving Mr. and Mrs. O'Neill. I have also taken into account their respective ages and, in particular, the offer of employment which involves both Mr. and Mrs. O'Neill being appointed to the board of a company to be formed in Australia, but to perform duties in relation to a tourist venture in Guam.
Mr. O'Neillrs only source of income is presently a war services pension. I mention his age: he is 61 years of age. The remuneration that both he and his wife will receive from their participation in the G u m venture is tied to their respective performances. Taking into account all these
.	matters as revealed in the material before me I have decided,