PLEA REFUSED

New Zealand Herald, Volume LXXVII, Issue 23721, 30 July 1940, Page 4

PLEA REFUSED

CHINESE BANKEUPT WORK IN PAKAPOO BANK DISCHARGE NOT GRANTED A Chinese, Chan Ah Lun, who ten years ago was adjudged a bankrupt following his trading as a fruiterer in Auckland, applied for liis discharge yesterday from Mr. Justice Callan in the Supreme Court, but it was refused. Mr. Dickson appeared for the bankrupt and Mr. Ennor for the principal creditors, who opposed the application.

Bankrupt said he began business at Whangarei about 1927. When ho sold out, he came to Auckland and opened a shop at Newmarket and one at Ponsonbv, in partnership with his brother, Dudiey Chan On. His brother had charge of the books. The partnership was dissolved in 1929, owing over £2OO to one firm, while another had a bill of sale over fruit and stock to secure about £BO.

Since his bankruptcy, he worked for six months in a fruit shop, witness continued, and he bad worked subsequently in a pakapoo bank, in which he had an interest with nine others. Ho received £3 10s' a week, plus his share of profits made by the bank. Cross-examined, bankrupt said he had some money in a banking account. A sum of £B7 taken from his banking account was for the man who guaranteed the gambling account. Witness said he had paid £75 back to the bank, out of the £l4O owing at tlie time his books were seized. To Mr. Ennor, witness said he had worked at pakapoo banks for about three years, and before that at gambling. In 1934 he bought a motor-car for £l5O or £l6O. He paid it off by instalments out of his gambling. He had had no ■ money other than the pakapoo bank, which was closed on June 5.

His Honor said he had tho impression that bankrupt had not fulfilled his obligations. Unless ho parted with ull his assets he could not get a clean start. The evidence created a strong suspicion that bankrupt had tried to work a fraud.

Tho application for dischargo was refused.