COURT ASKED TO OPPOSE BANKRUPT’S DISCHARGE

Sun (Auckland), Volume II, Issue 393, 29 June 1928, Page 12

COURT ASKED TO OPPOSE BANKRUPT’S DISCHARGE

CREDITOR WANTS £7OO “MONSTROUS,” SAYS JUDGE Opposition to the discharge in bankruptcy of Reginald Sawle, farmer, of Tamahere, was voiced in the Supreme Court this morning by Mr. W. H. Cocker, for a creditor. Counsel said it would be admitted that bankrupt had had bad luck, but it would seem that certain payments made by debtor to his wife were shrouded in mystery. He suggested that if a discharge be granted Sawle should be ordered by the Court to make a payment of, say, £7OO, to his creditor. For bankrupt Mr. Burt said Sawle was a man getting on in years, and he opposed any suggestion of a judgment against him. He admitted that bankrupt had made the advances to his wife, but at that time he was quite solvent and entitled to make the payments. Mr. Burt contended that debtor’s wife had lent a considerable sum, about £BOO being the principal and interest due, to a partnership between her husband and the brother of the petitioning creditor. Mr. Justice MacGregor intimated that he had no intention of entering a judgment against the bankrupt, but it was only a question of the advisability of withholding his discharge for a time or granting it immediately. It would be a monstrous thing to order an elderly man out of employment to pay a large sum which would be a debt likely to be unpaid for the duration of the man's life. The Official Assignee, Mr. G. N. Morris, said it was admitted that the bankrupt was a well-to-do farmer in his earlier days. There was no question that he. was solvent when his wife lent the money to the partnership. The petitioning creditor had stated that he knew nothing of the loan. He did not think it fair that the petitioning creditor should now take steps to oppose the discharge, in view of the fact that he had had eight months to take his claim to Court. His Honour granted the discharge without condition.