SUPREME COURT

Hawke's Bay Tribune, Volume IV, Issue 240, 24 September 1914, Page 6

SUPREME COURT

NAPIER. (Before His Honour Mr. Justice Denniston). THIS DAY. A BANKRUPT’S APPLICATION. The hearing of the application made by Mr. Dolan for the discharge ftom bankruptcy of Thomas Henry Brinson, contractor, of fastings, was continued. Mr. Dolan said that on the previous day he did not- mention the tact that the bankrupt started business at twenty-two, and was in business for five years. His Honour said that decidedly modified thp position. He should have been acquainted with all the facts on the previous day. Mr. Dolan: He had a property valued at £l5OO, which was mortgaged for £9OO. The bankrupt, giving evidence, said that timber went up after he had taken up a contract, the difference in one case amounting to £37 10 . His Hastings property, which he valued at £l5OO, was sold for £lO6O He desired to get his dis charge because someone had offered to take him into business.

To His Honour: He kept a wages hook, but had no banking account. About twelve months before filing he knew he was going back. The Deputy Official Assignee (E. B. Burdekin) said no books were kept, and there was nothing with which to check the bankrupt’s stateiient.

His Honour said the bankrupt had been guilty of a definite offence under the Bankruptcy Act—he had failed to keep proper books of account. For five years he had carried on business, and twelve months be fore filing he knew that he was in difficulties and still went on. He (his Hoour) was not prepared, because a man wanted to go into business, to pass over such a very obvious and gross offence under the Act. A man who did that sort of thing was entitled- to some penalty. He was bound to come to the same conclusion as he had done on the previous day. He would make an order that the order be suspended for six months. In doing so he was treating it very indulgently. He did it because his chai actor was appar < utly very good. -