IN BANKRUPTCY.

Auckland Star, Volume LXV, Issue 70, 23 March 1934, Page 8

IN BANKRUPTCY.

DISCHARGES GIVEN.

TWO ADJUDICATION ORDERS.

AFFAIRS OF A TELEGRAPHIST. A sitting in Bankruptcy was held by Mr. Justice Ostler at the Supreme Court this morning. Objection to a discharge being granted to Francis William Tyler, telegraphist, hiiro Avenue, Point Chevalier, was made by Mr. Armstrong, appearing for H. Brookes, a creditor. Mr. Elwortli appeared for bankrupt. Mr. Armstrong said the objector, Brookes, was a builder and second mortgagee of the property which the bankrupt had entered into an agreement to purchase. "We say the bankrupt could have made the necessary payments had he wanted to," said Mr. Armstrong. His Honor: Has he a family? Mr. Armstrong: He is married to a wife who has two children by her first husband. The bankrupt is a telegraphist, and his net income, after paying all the taxes r/.d contribution to the Superannuation Fund, is £3 18/ per week. I don t think he should have had any serious difficulty in making the payments on the property. The outgoings amounted to £1 8/ weekly. . His Honor, after perusing papers before him, said he made the net amount received by the bankrupt £3 15/, not £3 18/ per week. Mr. Armstrong: That is probably correct. These cases are continually cropping up. Fcople go in for the purchase of houses, and though able to make the payments, realise, owing to the depression, values of property have depreciated, and it suits them to shed their liabilities. His Honor: The bankrupt's net salary is £3 15/ a week, and after paying dues on the house lie had £2 7/ to keep himself, a wife, and two children. Personally I don't see how he could possibly have done it. I cannot see any reason for preventing the discharge in any A\aj. I do not think it would be fair to make the discharge subject to any terms requiring him to make payments. The discharge will be granted.

Creditors Left Out. On behalf of a creditor, Mr. Haig'n objected to discharge being granted to Hector William Wright (Mr. Bainbridgo), builder, Auckland. Mr. Haigli said that in February, 1933, the bankrupt had received a progress payment of £300, which he had agreed to* hand over to a solicitor to distribute among the creditors, but instead of doing so, he had paid the money liimsell, leaving out the largest and third largest creditors. In March, 1033, bankrupt received £.30, which he paid away in wages, and in April, 1033, he received £70, of which he paid £50 to one creditor and the balance to small creditors. Bankrupt made no attempt to pay pro rata to all his creditors. His Honor: What offence does that set up? , , Mr. Haigli: No offence, but he showed no regard for his creditors in general. His Honor: Hbw do 1 know that pressure was not brought to bear upon him bv certain of his creditors? I don't kiiow that there is any justification to refuse his discharge. The man took a contract at a price that was not payable and became insolvent. I cannot sec that there is sufficient grounds for refusing his discharge. The discharge will be

granted. There being no objections, discharges were granted in the following cases: — Raymond Earle Mackenzie (Mr. Meek), builder, Northcote; William Dalbcth (Mr. Lennard), Te Kopuru; Frederick Freeman Forter, fisherman, Auckland; William Herbert Abraham (Mr. Fraer), insurance agent, Auckland; Benjamin Invin Bollard, property owner, Auckland; James Beaver, otherwise known a3 .lames Beaver, junior (Mr. Smytheman), grain and producc merchant, Oucliunga. Adjudication Orders. Orders were made for adjudication in respect of Ellen Batt, financial ageiiv, Phoenix Buildings, Auckland, and John Urquliart, garage proprietor, Mount Eden.