Federal Court of Australia
CATCHWORDS Bankruptcy - composition under Part X - application by a creditor to declare the composition void ~ creditor represented at meeting by proxy appointed by her attorney - chairman and the meeting denied proxy the right to vote - whether chairman or meeting entitled to do so - construction of s. 200.
Bankruptcy Act 1966 (Cth.) ss. 200, 222 .
RE: MICHAEL MOLONEY EX PARTE: JACQUELINE HEATHER FIELD NO. P 691 OF 1980
LOCKHART J.
AT SYDNEY
FRIDAY 20 MARCH 1981
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE OF
NEW SOUTH WALES AND THE AUSTRALIAN
CAPITAL TERRITORY
RE:
EX PARTE:
ORDERS
JUDGE MAKING ORDERS: WHERE MADE: DATE OF ORDERS:
THE COURT ORDERS:
) ) ) ) No. P 691 of 1980 ) ) )
MICHAEL MOLONEY
JACQUELINE HEATHER FIELD
LOCKHART J. AT SYDNEY
FRIDAY 20 MARCH 1981
1. That it be declared that the composition accepted by
a meeting of creditors held on 7 November 1980 is
void on the ground that neither the meeting of
creditors nor its chairman was entitled to deny
the proxy of the applicant the right to vote at the
meeting.
2. That the application be adjourned to a date to be
fixed to determine the questions of a summary
sequestration order and costs.
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF No. P691 of 1980
NEW SOUTH WALES AND THE AUSTRALIAN
CAPITAL TERRITORY
RE: MICHAEL MOLONEY
EX PARTE: JACQUELINE HEATHER FIELD
REASONS FOR JUDGMENT LOCKHART J.
AT SYDNEY
20 MARCH, 1981
Jacqueline Heather Field ("the applicant") seeks an order declaring void a composition accepted by the creditors of Michael Moloney ("the respondent") at a meeting held on 7 November 1980;and a summary sequestration order against his estate.
The composition is that the creditors of the respondent accept, in full settlement of all their claims against him, the sum of $20,000.00 distributed among them in accordance with their respective rights as if the respondent were a bankrupt. The respondent owes unsecured creditors about $1,250,000.00.
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