DISCHARGE DELAYED.

Waikato Times, Volume 117, Issue 19599, 11 June 1935, Page 4

DISCHARGE DELAYED.

TIME OF ADVERTISING.

ACT NOT OBSERVED. Holding that adequate notice of intention to apply for a discharge from bankruptcy had not been -given,. Mr Justice Reed, in the Supreme Court, Hamilton, on June i, adjourned an application for discharge from Thomas Philip Quick, bankrupt radio salesman, of Te Awamutu. Mr W. J. King, who appeared for bankrupt, advanced argument to support his contention that adequate notice bad been given. In a reserved judgment to-day, 'His Honour pointed out that the Bankruptcy Act required that notice of the day on which the bankrupt proposed to apply for discharge- should he advertised by 'the bankrupt and sent to the assignee and all the creditors at least two weeks prior to the day so proposed. Bankrupt advertised on May 14, 1935, and the date of the Court sitting referred to in the advertisement was May 28. Therefore the notice was not advertised at least two weeks before the day it was proposed to apply. His Honour considered the Act would be sufficiently complied with by specifying the day, the date of the first day of the session, and adding “or as soon thereafter as counsel can be beard.” That addition was not even necessary but was desirable.

The application was dismissed but His Honour allowed the stamps to b 6 used on a fresh application-