Bankrupt’s Application For Discharge Rejected

Press, Volume C, Issue 29672, 16 November 1961, Page 23

Bankrupt’s Application For Discharge Rejected

(Naw Zealand Prass Association)

WKLUNGTON, Nov. 15. The Official Assignee was seeking to punish him, said Austen Wendell Leigh Gibson, an educationist in the Supreme Court at Wellington today when applying for his discharge from bankruptcy. »' He came before the Court with an adverse report by the Official Assignee and against the opposition by his principal creditors, Gibson said. The Official Assignee had misconceived his functions and was determined to go beyond matters relating to a previous bankruptcy and was seeking to influence the Court by them. He had been described in the Official Assignee’s report as “neurotic and conceited,” Gibson said. Mr Justice Hutchison said the Official Assignee was charged under the Bankruptcy Act to inquire into things, and it was open to Gibson to show he was mistaken.

His Honour remarked that Gibson had a bad record for getting into risky businesses, and asked him why he did not work for a salary as there were plenty of clerical jobs he could do. Gibson said he had been barred from employment in Government departments because he -was an undischarged bankrupt. On behalf of the Official Assignee, Mr J. H. C. Larsen said he opposed the tion as Gibson had been concerned in a large number of speculative undertakings re-

suiting in considerable loss to his creditor*, shareholders, and members ot the public. Gibson had also ventured into a great deal of litigation—unsuccessful in most eases—which had caused inconvenience. expense and trouble to a great many people. Most ot the litigation was without foundation for hope of success and could properly be described as vexatious.

Mr I. A. Borrin. on behalf of two creditors, said he also opposed the application. Hi* clients were not actuated by any sense of vengeance, but because of Gibson's thoroughly bad business record many people in this country and England had lost heavily. At no time had Gibson shown eny regret at ail for the losses he had brought about and. in fact, had never shotvn anything other than extreme hostility towards his creditors. Mr J. H. Dunn also opposed the application on behalf of another creditor. Hi* Honour rejected Gibson’s application.