Federal Court of Australia
CATCHWORDS
Bankruptcy - Application under s.104(1) of the Bankruptcy Act to set aside Trustee's rejection of proof of debt - Guarantee -
Whether personal to the debtor or made in his capacity as
Director - Whether guarantee applied to debts already incurred.
Bankruptcy Act 1966 - s.104,
RE: NEIL EDWARD FLETCHER, EX PARTE: HANIMEX PTY. LIMITED
No. W203 of 1983/X
FOX 3. 10 August 1984
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. W203 of 1983/X )
BANKRUPTCY DIVISION ) RE: NEIL EDWARD FLETCHER
EX PARTE: HANIMEX PTY. LIMITED
Applicant ORDER JUDGE: FOX J. DATE OF ORDER: 10 August 1984. WHERE MADE: Sydney. THE COURT ORDERS THAT: 1. The application be allowed. 2. The decision of the trustee rejecting the applicant's proof of debt be set aside. 3. The applicant''s claim be remitted to the trustee for
determination in accordance with these reasons.
4. The costs of the trustee and of the applicant in this appeal be paid out of the assets of the debtor coming to the hands of the trustee under the composition.
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. W203 of 1983/X ) )
BANKRUPTCY DIVISION
RE: NEIL EDWARD FLETCHER
EX PARTE: HANIMEX PTY. LIMITED
Applicant
CORAM: FOX Jd.
DATE: 10 August 1984.
REASONS FOR JUDGMENT
FOX J.
This 18 an appeal from a decision of a trustee under a
composition which was effected between the debtor and his
creditors under Part X of the Bankruptcy Act 1966. The trustee,
after careful consideration, rejected the whole of the proof of debt of the applicant which was for $458,203.75. This was
claimed as the amount owing under a guarantee given by the
debtor, Neil Fletcher, to the applicant.
The guarantee is said to be of the debts present and future of certain companies: Quickprint Laboratories Pty. Ltd., Fletchers Fotographics Pty. Ltd. and Fletchers Management
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