Re Smith, G.R. & Anor

[1990] FCA 779

JUDGMENT NO. I.I.~..:/....&Z

m THE FEDERAL COURT OF AUSTRALIA	1
GENERAL DIVISION	1
BANKRUPTCY DISTRICT OF THE	) No. QB657 of 1988

OF OUEENSLANB )

RE :  ROBERT SMITH and

PEGGY ELIZABETH SMITH

(Applicants)

EX PARTE: -ME ROBERT SMITH and

J'EGGY ELIZABETH SMITH

MINUTES OF ORDER

PINCUS J.

14 DECEMBER 1990

WHERE MADE:	BRISBANE
THE COURT ORDERS THAT:

1.   Each applicant be discharged from bankruptcy forthwith.

l&2!iz:	Settlement and entry of orders is dealt with in Rule
124 of the Bankruptcy Rules.

JN THE FEDERAL COURT OF AUSTRALIA

DIVISION 1

No. QB657 of 1988

)

ME ROBERT SMITH and

PEGGY ELIZABETH SMITH

(Applicants)

EX PARTE:  ERAEMB ROBERT SMITH and

ELIZABETH SMITH

m: PINCUS J.
W: BRISBANE

m:  14 DECEMBER 1990

FX TEMPORE REASONS FOR JUDCMENT

In this matter Mr. and Mrs. Smith have been made bankrupt on 3 June 1988 and the automatic discharge would occur on 13 June 1991.

The affidavit material which is unusually

comprehensive, if accepted on face value, suggests that Mr.

Smith suffered, as some other people in the community have,	from the decline in the Australian dollar against the Swiss
franc. He also complains of the treatment he received from AGC and from his former solicitors.
The essential point, as it seems to me, is that Mr. Smith Bays that his bankruptcy was not his fault but due to misfortune, and he does not say that merely in a general way, but gives a great deal of detail to explain precisely how the
misfortune occurred. It seems to me that in the absence of any evidence to the contrary or anything which appears to be improbable in the version of events given, I should accept what he says.
I would add that it is perhaps a little unusual to give an early discharge in circumstances of this kind where the debts were quite large and it may be, of course, that if
Mr. Smith goes back into business he will have more bad luck -
one hopes not - but the circumstances are such as it seems to
me that the application for discharge should he granted as to each and without conditions.

The order will be that each applicant be discharged

from bankruptcy forthwith.

I certify that this and the preceding page are a true copy of the reasons for judgment herein of his Honour Mr. Justice Pincus.

r . ~ssociata

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Date 14 . I ? .Cjo