Re Springfield Nominees Pty Ltd

[1992] FCA 472

Re: DAVID RICHARD McDONALD
Ex Parte: DAVID RICHARD McDONALD
No. 333 of 1991
FED No. 472
Bankruptcy

COURT

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA
French J.(1)

CATCHWORDS

Bankruptcy - application for discharge - opposition to dicharge - unsecured debts in dispute - exercise of discretion - consideration of interest of creditors, public interest and commercial morality - no attempt to make contribution to estate - application dismissed.

Bankruptcy Act 1966 s.150

Bankruptcy Amendment Act 1991 s.27

Re Zion; Ex parte The Bankrupt (unreported Smithers J. 26/9/86)

HEARING

PERTH

#DATE 30:6:1992

Counsel for the Bankrupt: Mr K. Dundo

Solicitors for the Bankrupt: Clayton Utz

Mr F. Carles appeared for the Deputy Commissioner of Taxation

Ms C. Stabb appeared for the Official Trustee.

Counsel for Broadlands Ltd: Mr N. Billington

Solicitors for Broadlands Ltd: Claudio Shaw

ORDER

THE COURT ORDERS THAT:

The application will be dismissed.

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

JUDGE1

David Richard McDonald became a bankrupt on his own petition on 1 March 1991. He now applies to the Court for a discharge from that bankruptcy. His application is opposed by the Official Trustee, the Commissioner of Taxation and Broadlands Ltd.

1. Mr McDonald has been a qualified accountant since 1967 and until he became bankrupt was a member of the Australian Society of Certified Practising Accountants. His bankruptcy, while not preventing him from carrying on practice as an accountant, did disqualify him from membership of the Society. That disqualification is a disadvantage. A current qualification as either a certified practising accountant or a chartered accountant is a mark of a person's acceptance as having requisite competence and standing to carry on practice as an accountant.

2. He seeks discharge upon the ground, stated in his affidavit, that his disqualification from membership of the Society has curtailed his ability to earn a livelihood as an accountant. He also says that the nature of his present work is such that he finds it necessary to be a registered tax agent. He was a tax agent until 1978 when his registration lapsed. He cannot regain registration unless he is discharged.

3. The application is brought pursuant to s.150 of the Bankruptcy Act 1966. That section is to be repealed by operation of s.27 of the Bankruptcy Amendment Act 1991 which comes into effect on 1 July 1992 pursuant to a proclamation made on 23 June 1992. Under the amended Act applications for early discharge are henceforth to be dealt with administratively by the relevant trustee with rights of review by the Inspector-General and the Administrative Appeals Tribunal. Section 55 of the amending legislation provides, with respect to pending applications, as follows:
   

"55. Any application made to the Court under section 150 of the Principal Act that did not result before the repeal of that section in the making of an order for the unconditional discharge of the bankrupt, and any order made on such…