Federal Court of Australia
GR, s&s st "SHIDGMENT No. GG: LD Simo CATCHWORDS Bankruptcy - joint Deed of Assignment under Part X - whether
deed void - executed pursuant to joint meeting of joint and several creditors - whether in accordance or compliance with
Part X - Deed not void.
Bankruptcy Act 1966 ss. 187A, 188(1), 222(1).
Acts Interpretation Act 1901 $.23(b)
Case referred to -
Re Forbes (1974) 24 F.L.R.
Re: DAVID M. SCHUPPAN and BARBARA SCHUPPAN Ex parte CHRISTOPHER THOMAS DALY
No. 4 of 1985 Part X
Forster, J. 24 April 1985 Adelaide.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIAN DISTRICT REGISTRY
GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF
SOUTH AUSTRALIA
No. 4 of 1985 PART x
RE: DAVID M. SCHUPPAN and BARBARA SCHUPPAN
EX PARTE: CHRISTOPHER THOMAS DALY
ORDER Judge making order: Forster, J. Date order made: 24 April, 1985 Where made: Adelaide.
THE COURT ORDERS :
Declaring that Deed of Assignment dated 19th February 1985
executed by the debtors is not void.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIAN DISTRICT REGISTRY
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE OF
SOUTH AUSTRALIA No. 4 of 1985 PART X
RE: DAVID M. SCHUPPAN and BARBARA SCHUPPAN
Debtors EX PARTE: CHRISTOPHER THOMAS DALY
Trustee
REASONS FOR JUDGMENT
CORAM: Forster, J.
DATED: 24 April, 1985
This 18 an application by the purported trustee of the estate of the debtors pursuant to a Deed of Assignment made on the 19th February 1985. The applicant seeks an order that "The Deed of Assignment executed by the debtors on the 19th day of February 1985 is void, or alternatively, is not void, pursuant
to s.222(1) of The Bankruptcy Act 1966 (as amended) on the ground that the said Deed was not entered into in accordance with or
does not comply with the requirements of Part X of the said Act".
The debtors are husband and wife and were business partners. As the partnership was in financial difficulties the male debtor on 26 January 1985 consulted a Mr Owen, an
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