Conditional discharge

Press, 11 June 1977, Page 5

Conditional discharge

The bankrupt did not inspire him with confidence as a businessman on his own account and he felt that there was every justification for imposing terms which would protect the public, Mr Justice Roper said in the Supreme Court when refusing Albert Dyksma an automatic unconditional discharge from bankruptcy. Mr Dyksma was discharged from bankruptcy on conditions that he does not carry on any business alone or in partnership, become engaged in the control of any business of a close relative, or take part in the management of any company or become a director or officer of any company without the permission of the Court.’

The Official Assignee (Mr 11 I. A. Hansen) appeared on his own behalf and Mr D. J. : Boyle of Mr Dyksma. : His Honour said that the 1 Official Assignee had op- ' posed the automatic uncon- ; ditional discharge of Mr . Dyksma from bankruptcy. Mr Boyle had submitted that Mr Dyksma felt that he j might be inhibited in finding ■ employment if the discharge was made subject to conditions. ! Mr Dyksma had been twice adjudicated bankrupt in 1964 and 1973. On the first bankruptcy, a dividend of 14c in the dollar was paid and he was discharged from 'bankruptcy in 1967. ' In the second bankruptcy, 'the proved debts were! $10,950 and the assets, $45. j

■No dividend would be paid. During the course of the second bankruptcy and while still bankrupt, Mr Dyksma had become involved with a company called South Island Home Heating Centre, Ltd. That company went into liquidation in December, 1976, with assets estimated at $25,000 and debts of $43,500. On March 17, 1977, Mr Dyksma had been convicted on a charge of taking part in the management of that company. “I am not at all satisfied that I have heard the whole truth of the bankrupt’s association with the company and neither am I impressed with his resort to an alias, Bakker, which indicated a certain lack of judgment to jput it no higher,” his Honour said.