Supreme Court DISCHARGE GRANTED

Press, Volume CI, Issue 30005, 14 December 1962, Page 9

Supreme Court DISCHARGE GRANTED

Opposition By Creditors An unconditional discharge from bankruptcy was granted by Mr Justice Macarthur in the Supreme Court yesterday to Stanley Eric Binning, formerly a Christchurch stationer and now an insurance agent in Levin. Binning was represented by Mr J E. Millar.

The application was opposed by four creditors with total proved debts of £7ll 10s sd. They are John Dickinson and Company (N.Z.), Ltd, Alex Cowan and Son (N.Z.), Ltd., William Jeffrey, Ltd., and A. M. Satterthwaite and Company, Ltd. Mr R. L Kerr represented all four companies.

Mr Kerr said the application was opposed on the ground that there had been misconduct, in that at the time Binning contracted the debts he could have had no reasonable expectation of being able to pay them. Mr Kerr asked that Binning be given a conditional discharge or none at all. The condition should be that Binning agree to judgment against him for another 3s Hid in the £1 to bring his total dividend to 10s in the £l.

His Honour said that the rule was that if a bankrupt had put all his assets in the Official Assignee’s hands, then he was to be a free man again—free to earn his own livelihood. In some cases it was in the interests of commercial morality to postpone a bankrupt’s discharge—to show that discharge was not an automatic thing, and that the Court would not facilitate a bankrupt’s re-entry into business on his own account.

But Binning had been bankrupt for more than three years, and did not intend to go into business again. An immediate order of discharge would enable him to acquire a home for his family and assist him to rehabilitate himself fully. His Honour said he did not feel he should make any order as to costs.

Decree Nisi Granted

Mr Justice Macarthur granted a decree nisi in the Supreme Court yesterday on the divorce petition of Irene Lorraine Fisher (Mr J. G. Hutchison) against Ronald Geoffrey Fisher, on the ground of a separation agreement.