Federal Court of Australia
. 447 CATCHHORDS
BANKRUPTCY - Deed of assignment - Failure of chairman of meeting to sign ("forthwith") certificate as to passing of resolution - Failure of trustee to give notice of deed and file "forthwith" - Whether deed void - Whether time limit of "forthwith" can be
extended - Whether a "defect or irregularity" under s.306 of Bankruptcy Act 1966.
Bankruptcy Act 1966 - ss.33(1)(c), 204, 213, 218, 222, 306.
RE: MAURO GAGLIARDI EX PARTE: MICHAEL JAUNAY MOUNT
NO. G27 OF 1984
Fox, Woodward and Davies JJ. 14 December 1984
Melbourne
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No. G27 of 1984 G VIS
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ON APPEAL FROM A SINGLE JUDGE
OF THE FEDERAL COURT OF USTRALIA
RE: MAURO GAGLIARDI
Respondent
EX PARTE: MIC JAUNAY MOUNT
Appellant
ORDER
JUDGES : Fox, Woodward and Davies JJ. DATE OF ORDER: 14 December 1984 WHERE MADE: Melbourne
THE COURT ORDERS T:
1. The appeal be upheld. 2. The orders of St. John J. be set aside.
3. The matter be remitted to a single judge of the Court to be dealt with according to law.
OUR US
8 USTRALIA DISTRICT ISTRY No. G27 of 1984
G DIVISTON
ON_APPEAL FROM A SINGLE JUDGE
OF THE FEDERAL COURT OF AUSTRALIA
RE: MAURO GAGLIARDI Respondent EX PARTE: MICHAEL JAUNAY MOUNT
Appellant
CORAM: FOX, WOODWARD and DAVIES JJ. DATE: 14 December 1984
REASONS FOR JUDGMENT
FOX J.
We are hearing an appeal from a decision of St. John J. in an application by Mr. Mount, who is the trustee appointed under a deed of assignment executed by the debtor, Mr. Gagliardi. The respondents are the Registrar in Bankruptcy for South Australia and South Australian Carpet Disposals Pty. Ltd. The latter appeared by counsel, who intimated that his client did not wish to put argument before the Court and sought and was granted leave to withdraw. There were before his Honour three applications. One, by Mr. Mount, was dated 18 April 1984, and he there sought a declaration that the deed be declared not void,
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