"ABSOLUTELY UNIQUE."

Taranaki Daily News, Volume L, Issue 60, 5 September 1907, Page 4

"ABSOLUTELY UNIQUE."

BANKRUPT'S FLANK. MARCH. "This case is - unique, absolutely unique," was the final comment of .Mr Justice Denniston at the Auckland Supreme Court last week upon au application made by a man named Frank Eeece Warren, who applied for a discharge from bankruptcy. His Honor, glancing over the Official Assignee's report on the case, remarked that bankrupt seemed to have abseonfled from the colony Counsel pointed out that debtor was away in Australia when, on the motion of a petitioning creditor, lie was adjudged a bankrupt. He did not return directly to the colony, but wont to South Africa and took part in theBoer War, not coming 'oack to Auckland till some time after the bankruptcy proceedings. The Official Assignee said lie had received no statement of assets and liabilities in the estate, which had paid a dividend of 81 in the £.

Counsel, in reply, mentioned that the total liabilities amounted to £2ll Os 9d, and of that amount £llß 8s Gd was :;n advance from the debtor's father.

"Well, if the father enjoyed the dividend of 8d in the & there is no need for consolation with him," interposed his Honor. In further commenting on the case his Honor said debtor had not complied with the provisions of the Bankruptcy Act in not rendering certain requisitions.' Before the question of discharge could be considered he wanted to be satisfied that bankrupt had a right to apply. The Official Assignee said the debtor had not come before hoim at all.

Counsel: He is here if you would like to hear him. His Honor: I donft want to meet the gentleman until he has a right to come before me. lam not at present satisfied that he has : He has not even taken the trouble to see the Oilicial Assignee. I can't understand it. He steps direat from Australia or South Africa and comes here for his discharge. Before coming he should go to the Official Assignee. He still owes certain duties to the Official Assignee, and cannot get rid of them until he pays 20s in the £, but he has made a flank march to this court instead of a direct attack on the Official Assignee. It is an erroneous idea for a bankrupt to think he can stay away a sufficiently long time, pay 8d in the £, and then march straight to this Court for his discharge. His Honor adjourned the application next sessions, advising debtor's counsel in the meantime to communicate with the Official Assignee. "Of course you know," politely added his Honor, "that there is an Official Assignee."