Hingston v Westpac Banking Corporation [2012] FCAFC 41

FEDERAL COURT OF AUSTRALIA

Hingston v Westpac Banking Corporation [2012] FCAFC 41 Citation: Hingston v Westpac Banking Corporation [2012] FCAFC 41

Appeal from: Westpac Banking Corporation v Hingston (No 2) [2010] FCA 1116

Parties: GUY RICHARD HINGSTON v WESTPAC BANKING CORPORATION

File number(s): NSD 1519 of 2010

Judges: GREENWOOD, MCKERRACHER AND NICHOLAS JJ

Date of judgment: 23 March 2012

Catchwords: BANKRUPTCY AND INSOLVENCY – consideration of an appeal by the bankrupt to set aside orders of the primary judge setting aside a composition made between the bankrupt and his creditors under Division 6 of Part IV of the Bankruptcy Act 1966 (Cth) – consideration of the grounds set out in s 222(1)(d) and s 222(5)(e)(i) of the Bankruptcy Act in setting aside the composition made by the bankrupt with his creditors under Division 6 of Part IV – consideration of the construction to be attributed to s 222(5)(e)(i) and s 76B in applying the grounds contained in that subsection to a composition under Division 6 of Part IV – consideration of the construction to be attributed to s 222(5)(e)(i) and s 76B in circumstances where the omission of a material matter from the debtor's statement of affairs concerns a statement of affairs presented to the Official Receiver under s 55 of the Act rather than a debtor's statement of affairs for the purposes of s 188(2C) or (2D) of the Bankruptcy Act – consideration of the factors informing the exercise of the discretion to set aside a composition made between the bankrupt and his creditors under Division 6 of Part IV in the context of s 222(1)(d) and s 222(5)(e)(i) as applied to a composition by s 76B of the Bankruptcy Act BANKRUPTCY AND INSOLVENCY – consideration of the scope of consequential orders to be made consequent upon setting aside a composition under s 222(1)(d) and s 222(5)(e)(i) and s 30(1) of the Bankruptcy Act 1966 (Cth) – consideration of the relationship between s 74(5) of the Bankruptcy Act and the power of the Court to make remedial orders that put the parties in their pre-composition position