BANKRUPTCY CASES

New Zealand Herald, Volume LXXI, Issue 21758, 24 March 1934, Page 13

BANKRUPTCY CASES

SUPREME COURT MOTIONS TWO DISCHAFtGES OPPOSED OBJECTIONS NOT UPHELD A sitting in bankruptcy of the Supreme Court was held yesterday before Mr. Justice Ostler. The discharge from bankruptcy of Francis "William Tyler, telegraphist, of Point Chevalier (Mr. Elworth), was opposed by Ef. Brooks (Mr. Armstrong). It was stated by Mr. Armstrong that the opposing creditor was the second mortgagee and builder of a house which bankrupt had agreed to purchase. It was suggested that bankrupt could have met his obligations to the opposing creditor had he wanted to, but when property values decreased it suited him to shed his liabilities. He was receiving a net weekly salary of £3 15s and Bhould make some payment before being granted a complete discharge. His Honor said that if bankrupt paid his dues under this contract he would have only £2 7s a week to support himself, his wife and two children. He also had medical expenses to meet. "I can see no reason for preventing his discharge," added His Honor, "and it would not be fair to make his discharge subject to any terms requiring him to make payments." The discharge was granted.

Objection was aluo taken to an application for the discharge of Hector William Wright, builder, of Auckland (Mr. Bainbridge). Mr. Haigh, for the opposing creditor, said that in February, 1933, bankrupt received £3OO, and, although he had agreed to assign his estate, he used the money in discharging certain debts, but ignored his largest and third largest creditors. In March, 1933, he received £SO, which he paid out in wages, and the following month he obtained £7O, £SG of which he paid to one creditor and-the balance to small creditors. He made no attempt to make pro rata payments to his creditors.

His Honor: What offence doea that disclose ?

Mr. Haigh said no offence.had been committed, but the conduct of bankrupt was not satisfactory. Although he had shown consideration to particular creditors, he displayed no regard to his creditors in general. "I cannot see any grounds for refusing his discharge," stated His Honor, in making the necessary order. The following were also granted their discharge from bankruptcy:—Raymond Earle Mackenzie, builder, of NorthcoteWilliam Dalbeth, of Te Kopuru; Frederick Freeman Porter, fisherman, of Auckland; William Herbert Abraham, insurance agent, of Auckland; Benjamin Irwin Bollard, property owner, of Auckland; and James Beaver, otherwise known as James Beaver, junr., grain and produce: merchant, of Onehunga. , ,

Orders for adjudication as bankrupts were made in respect .of Ellen Batt, married, financial agent, of Auckland, and John Urquhart, garage proprietor, of Mount Eden.