Re Redmond, G.L.D Ex Parte Redmond, G.L.D

[1985] FCA 440

440

No. 590 of l983

EE : GAPY L I S L E D A N I E L FEEPIONU

Bankrupt

E< PARTE: GARY L I S L E D A N I E L REDMOND

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C . :	TOOHEY J.
24 June 1985

Thi 5 is an application for a dlscharg

in respect of a sequestration order made on 1 September 1983. I n

the ordlnary course 5.149 of the Bankruptcy Act 1966 would effect

a discharue on 1 September 1986. The question then is - is there

anything In the circumstances of this case to warrant the granting

of a discharge earller than the statutory period or perhaps, put

another way, 16 there any reason why the applicatlon should	n o t	be
acceded to at this stage?

I

The matter is the subject of objectlon by one of the

creditors but, as Mr D'Anqelo of counsel acknowledges, there is

not a qreat deal he can add to what has already been said. The

oblectlon is based on the amount of deficlency in the estate and propoeitions are unarguable 3s facts. It 1 s a question of what werght shnuld be attached fu them. Mr. rct-boy has pemted out, and there does not ;eem to be any reason why I should not accept the small contribution made by the bankrupt. Both of those

the argument, that the bankruptcy of Mr. Redmond was not brought

about by conduct on his behalf of a particularly reprehenslble

nature. One does wonder why, glven his apparent circumstances at

the time, directors' guarantees were thought o have any

partlcular advantage to those who were dealing wlth the companies

with which he was connected. His creditors are very substantial,

although not many in number. But the malar creditors have not

been heard to object to the application for discharge. It is

apparent that neither they nor the objecting creditor is likely to

receive anything from the continued bankruptcy of Mr. Redmond and

I suppose the most one can hope for is that the Official

Receiver's costs will be met, if not	fully,	at least to some
degree.

In the circumstances and having regard to Mr. Redmond's

present employment and what I take to be the position - that a

discharge from bankruptcy is likely, if not to further his

position with the company, at least to stabilise It - it seem6 to me that I ought to make a order for discharge. A question arises

as to whether I should attach any conditions to the order. I am

not obliged to do so by reason of s.150(5) because those matters

have not been established, indeed they have not been asserted.

Nevertheless I have power under sub-s.(9) either to refuse to make

an order of discharge, or make an order but suspend its operation

either unconditionally or subject to conditions.

The only condltion that would seem to achieve any

purpose would be some prepayment of the amount which Mr. Redmond

3 .

might be expected to contribute under the present arrangement to

pay $40	a month and that has been quantified by	Mr.	Corboy at
$560.

What I propose to do and what I do is as follows: I

make an order of discharge. I suspend the order for one month and

require as a condition of discharge that the bankrupt pay to the

Official Receiver the sum of $ 5 6 0 .

I c e r t i f y t h a t t h i s and the two preceding

pages a r e a t rue copy of the Ex Tempore

Reasons f o r Judgment here in of h i s Honour

M r . J u s t i ce TooEey.

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