Federal Court of Australia
TATCHWOFRDS Bankruptcy - application to avoid deed of and material particular in statement of drecretion, Fanvruptey Art LIGA, Ss. Dat
RE: ROGRTC TAN HAMILTON, EM P&FTE:
compositien
affairs -
Wo. W187 of 1985 (Fart xX)
No. PS71 of 1985
- wnesrrecr
of
exercise
BANKPUETCY ACT 1944
IN_THE FEDERAL COUFT OF AUSTRALIA
BANKRUPTCY DISTRICT OF THE ETATE OF NEW SOUTH WALES AND THE ANSTPALIZN CAPITAL TEPPITORY
No. WU8S7 of 1985 (Fart ©) No. PS71 of 1385
) ) GENERAL DIVISTON ) ] ,] '
ER: PODPTC TaN HAMILTON
EX PARTE: ANDFES FICMUEFOA
OPAM: Sheppard J.
DATE : 4 December 1985
HIS HONOUR: In the list are two matters. The first, W187/85x, is an application in which one Andres Fiqueroa, makes application to have set aside a deed of composition entered into by the debtor, Rodric Tan Hamilton. The application is made pursuant to
sub-sec, 222(4) of the Bankruptevy Act 1966, The seconae us a4
petition presented hy Mr. Fiqueroa pursuant to s, 43 -f the Act
for the sequestration of the debtor's estate,
The principal grounds upon which the application inder Fub-sec, 2022/4) 1s made are thase provided for in para. (4:(b) of Fhe subsection which empowers the Court to declare a composition fa he vo1d where a debtor has amitted a materral particular fram hie sratement of affairs under -,. 195 or included an tncerrect and material particular in that statement. The wav in whith that
provision should be conetrned is referred to in Beard +. Frasticre
Bakiny Industries Pty Limited (1981) 76 A.L.R. B07 at pp, ~49-?
Se RTT OE RR CT FI FOR TE CR GE TAT A EE LI EE CP METI ETE?
and Ido net repeat what is there said, suftice it to sav chat the rest 25 an ohiective one. It matters not whether the debtor
was aware when he siaqned his statement of affairs that he was omitting a material particular therefrom or including therein an
incorrect and matérial particular.
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