BANKRUPTCY.

Poverty Bay Standard, Volume I, Issue 90, 20 March 1884, Page 2

BANKRUPTCY.

(Before G. L. Greenwood, Registrar.) RE DAVID MALCOLM ORR. Mr. Nolan for the bankrupt, and Mr. Kenny (for Mr. Brassey) for the trustees (C. D. Bennett and Boylan), and for Messrs. Graham, Pitt, and Bennett and Parnell and Boylan, creditors. Mr. Kenny objected to the application on the grounds that proper legal notice had not been given so that the creditors could oppose. He would ask that the proceedings should be adjourned to the first sitting of the Supreme Court, owing to the fact that the debtor had not given ten clear days notice of his intention to apply for his discharge. Mr. Nolan was astonished at the application. Mr. Kenny did not now object on the part of the trustees, but expressly stated it was on behalf of the creditors. Under sec. 181 no time was mentioned, and he therefore claimed an order. Mr. Kenny said section 181 laid down that if any debtor shall be unable to obtain a certificate from his creditors recommending his discharge, he may apply to the Court for an order of discharge, But in the face of the allegations set out in the Trustees’ report it could not be said there was no objection to the discharge. The Registrar ruled that ten days’ notice was required under sec. 184, as any less time would practically shut out any opposition by creditors, and granted the application for an adjournment. Mr. Nolan gave notice of appeal. RE OSCAR BEYER. An order of discharge was granted in this case.