Re Kevin Graeme Blake Ex Parte Kebroc Home Developments Pty Ltd & Ors [1980] FCA 208

cS)

JUDGMENT No. 22.5 secs eZ

CATCHWORDS

Bankruptcy - composition under Part X - Chairman's Certificate conclusive {(s.204) - material particulars omitted from debtor's staterent of affairs - in interests of creditors to declare

composition void (s.222(5)) - so declared.

re KEVIN GRAEME BLAKE (Debtor)

KEBROC HOME DEVELOPMENTS PTY. LTD. (IN LIQUIDATION) and CIT1CORP AUSTPALIA LIMITED (Applicants)

ex parte

and

KEVIN GRAEME BLAKE and VICTOR _ RAYMOND DYE (Respondants).

Cc. A. Sweeney, J.

22nd May, 1980.

~7 APR 1998

FEDERAL COURT OF

AUSTRALIA PRINCIPAL

2 mete em at ne

"

IN THE FEDERAL COURT OF AUSTPALIA

GENERAL DIVISION.

No. 219 of 1979 Part X

re : KEVIN GRAEMDE BLAKE Debtor Ex parte : KEBROC HOME DEVELOPMENTS PTY. LTD. (in liguiadation) and CITICORP AUSTRALIA LIMITED Applicants and KEVIN GRAEME BLAKE and VICTOR RAYMOND DYE Respondents. REASONS FOR JUDGMENT C. A. SWEENEY J. 22 May 1980 In this application, the following orders are sought :- "1, That the Court declare the composition made by the

abovenamed debtor on the 12th day of October, 1979 void on the grounds :

(i) that the said composition 1s not a composition within the meaning of the definition contained in s.187 of the

Act;

(ii) that the resolution accepting the composition was not passed by the requisite majority in value;

(iii) that the resolution accepting the composition was not passed by a Majority in number;

(iv) that the respondent Dye as Chairman of the meeting was wrong in disallowing the vote of the applicant Kebroc Home Developments Pty. Ltd. (In Liquidation);

(v) that the respondent Dye as Chairman of the meeting was wrong in disallowing the votes of the Applicant Citicorp Australia Limited and that of Ford Credit Australia