ENTITLED TO DISCHARGE

Sun (Auckland), Volume IV, Issue 1010, 28 June 1930, Page 10

ENTITLED TO DISCHARGE

BANKRUPTCY COURT SITTING Holding that there was no dishonesty or a breach of the Bankruptcy Act involved. Mr. Justice Smith, in the Supreme Court ye.-X rday, granted a discharge from bankruptcy to Alfred Brady, a butcher, of Edgecumbe. The petition was opposed by the official assignee. For the bankrupt, Mr. Chalmers stated that Brady had been forced into bankruptcy in 1925, the debts proved amounting to £742, while the assets of the estate were valued at £712. However, when the assets were auctioned, they did not realise anything like their true value, but nevertheless a dividend of 5s 5d in the £ had been paid, and this, counsel submitted, was quite satisfactory compared with usual returns from bankrupt estates. When a discharge was applied for in August, 1929, it had been refused. Counsel agreed that although Brady might have been negligent in keeping his books, he was not grossly negligenL The assignee suggested that a complete discharge should not be granted immediately, but that it should be made subject to a period of suspension. The bankrupt had started in business without any capital, and with private debts totalling £IOO, he said. His Honour held the petitioner was entitled to his discharge, having waited five 3*ears for it. and having paid a dividend of 5s 5d in the £. ADJUDICATED BANKRUPT Orders adjudicating them bankrupt were made against the following debtors: W. Withey and Chas. King, farmers, of Henderson, and D. Moore, of Gisborne, trading as Withey, King, and Moore; Walter Leslie Young, merchant, of Auckland; and William Henry Harrison, bootmaker, of Otahuhu.