Re Tregonning, Michael John v Ex Parte Friends Provident Life Office [1983] FCA 270

CATCHWORDS

BANKRUPTCY - whether deed of assignment void ~ decision of chairman not to admit applicant's proof of debt and permit it to vote - "special resolution" ~ whether decision incorrect having regard to what was before the Chairman at the meeting

or what is before the Court.

Bankruptcy Act, 1966 ss. 222

RE: MICHAEL JOHN TREGONNING; EX PARTE FRIENDS' PROVIDENT LIFE OFFICE

Qld No. X 29 of 1983

FITZGERALD J. BRISBANE 14 OCTOBER 1983

aad

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION

Qld No. X 29 of 1983

BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND

RE: MICHAEL JOHN TREGONNING

EX PARTE: FRIENDS' PROVIDENT LIFE OFFICE

ORDER JUDGE MAKING ORDER: FITZGERALD J. DATE OF ORDER: 14 OCTOBER 1983 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

The Deed of Assignment executed on 17 May 1983 between Michael John Tregonning and Ivor Worrell

is void.

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) Qld No. X 29 of 1983

BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )

RE: MICHAEL JOHN TREGONNING

EX PARTE: FRIENDS' PROVIDENT LIFE OFFICE

FITZGERALD J. 14 OCTOBER 1983

REASONS FOR JUDGMENT

This 19 an application by Friends' Provident Life Office ("Friends' Provident") for an order under s.222 of the Bankruptcy

Act 1966 ("the Act") declaring void a Deed of Assiqnment executed on 17 May 1983 between Michael John Tregonning ("the debtor") as

debtor and Ivor Worrell ("the trustee") as trustee.

i) Q < ct o fon RP The deed was ex reliance upon a special resolution purportedly passed on that day under s.204 of the Act at a meeting called by the trustee in pursuance of an authority previously given by the debtor under 3.188 of the Act. Notice of the meeting had been given to Friends Provident which had lodged a proof of debt and a proxy in favour of its solicitor prior to the meeting. The proof of debt, to which appropriate