SUPREME COURT

Waipukurau Press, Volume XXVIII, Issue 132, 30 May 1932, Page 8

SUPREME COURT

BANKRUPTCY CASAS

HEARD AT NAPIER

(Before His Honour the Chief Justice

Sir Michael Myers).

Discharges from bankruptcy were granted to the following on the •application of counsel: —John Fergus Burke, Traytor Lyll Wickers, Wallace Alfred Edwards, Harry Corn, A. H. Wilson, Reuben Harold Ellison, and Michael Guerin. “This is the man who was to pay 5/- in the £ dividend,” said His Honour when Nathaniel James Wakely applied for hip discharge from bankruptcy. “That is so, your Honour,” replied counsel, “but unfortunately, he has not got the money yet, and asks that it should stand over till the next session.” His Honour: He does not seem to have bothered very much about his creditors. He has not gone r/ear the Official Assignee.

• Counsel: It is no use going to the Assignee without the money The application was held over till the next session. “This appears to have been misplaced generosity,” said His Honour in granting a discharge to Alfred Henry Wilson. “He has been sufficiently punished for giving the guarantees. I suppose when we get through this depression people will start giving guarantees tfgain, ” added His Honour. “There is no evidence of dishonesty. The man has lost all he had and I see no good reason to delay granting a discharge.” said His Honour, when granting a discharge of Michael Guerin.

SUSPENDED DISCHARGE “This is a case where ’ho wife seems to have dictated tor nor own benefit,” stated His Honour when application was made for a discharge bv Donald Stewart Simpson. “What is the good of this man having a discharge? What good is it to him?”

Counsel: He is a builder, and can get no docent jobs while ho is undischarged. Ho is at present employed on relief work. His Honour: He is much better earning a living that way than by carrying on business, obtaining credit and not paying his 1 debts. The wife certainly appears to have been the dominating party. Can he not make any offer?

Counsel: No, sir; he has not got anything.

“This man appears to have been antagonising his creditors, which was ready more foolish than anything else,” said the Official Assignee. “He docs not deserve his discharge at once because he did not treat his creditors fairly,” said His Honour. ‘‘He preferred to pay his wife rather than others.”

His Honour ordered that the discharge should be suspended from taking effect for one year.