Re Jacobs, Bradley John v Ex Parte O'Connor, Reginald William [1984] FCA 30

CATCHW ORD S

BANKRUPTCY - Composition - Application to declare void -

whether $.109 priorities applicable to composition -

whether credstors enlitled to agree to priorities.

Bankruptey Act 1966 58.109, 187, 204, 213, 218, 322,

238, 239, 243.

Ke! ERAULEY JOHN JACOBS

Ex varte! REGINALL WILL TAM, O" CONNOR FISHER J.

AUELA LDF

29 FERRUARY 1984.

OF SOUTH AUETRALZIA

ee re een

"4 i! Ii

THE COUFT OFDER

ih No.21 of 1982

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ran ft js A. 1D

tj ioe a c ft bl ud ia nd ul ci

IN THE FEDERAL COURT OF AUSTRALIA ) EOUTH AUSTRALIA DISTRICT RECISTRY GEYEPAL DIVISION Wo.21 of 1983 BAURROUPTCY PIETRICT OF THE STaAtEe OF} SOUTH AUETRALIA Fe

REASUNS FOR JUDGMENT

FISHER oJ. The applicant ain this matter ais the Fegistrar in Bankruptcy for the Bankruptcy District oar South Australia. He makes application pursuant to 5.2272 of tne Bankruptcy Act 1966 ("the Act") For an order declaring void a composition of Bradley Jenn dacons ("the debtor"), Tis composition was accepted by the creditors of the debtor under Fart HX of the Act on 1 June 1982. The Gebtor''s proposal was in writing and was vlared hefore a culy convened meeting of creditors on that date. The provosal was

hort and is as follows:

% rit) IHrtianm ran be In

Seaview Road,

He State of SBoutn Australia, Ch 5 i 15 KEVIN MrCHarth PIPKIN co1 134 Greenhill ad, Unley ain the saia State, Chartered Accountant, to cail a meeting pursuant to Fection he Bankecuptcy Act 1966 (as amended), ne said BRADLEY JOHN JACuSe, DO HEPEBY KARE ing prcoposail an full and saticra

teh

toi IH rt

no f] Bw

u "3

Io cevaenant to Etee the sum of SEN 2 weelt, the Iiret oF v 7 2 seven (7) dave alter tne date on SB #pecial rescluction ay ea = for the accettance of this my Co a = OS0Mn passea until sach tine as ail my priority depts have been paid in full and the 1 a in the dollar nas Deen pa 2 omy mon-pricsity genre. shall arpiv any moneys rereivea hy zQ. 0 6this)§ Composition in making creditors an creer pr 4 5 of the card - i kad been ceptance of This Composition 15 mace the saic Act.