Chiragakis, J.E. v Deputy Commissioner of Taxation [1986] FCA 15

CATCHWORDS Bankruptcy - Deed of arrangement - Application to terminate deed or declare it void - Whether meeting of creditors called in accordance with statutory requirements - Whether major creditor given notice of meeting of creditors - Sufficiency of minutes of meeting of creditors - Whether material particular omitted from statement of affairs - Whether Court satisfied

that deed cannot be proceeded with without injustice to the creditors - Whether for "any other reason" the deed ought to be

terminated.

Bankruptcy Act 1966, ss.222, 236

JOHN EMMANUEL CHIRAGAKIS v. DEPUTY COMMISSIONER OF TAXATION

No. NSW 303 of 1985xX

Neaves J.

5 February 1986

Canberra

Counsel for the applicant : Mr C. Darvall., Q.C. and Mr P. Urquhart Solicitor for the applicant : Australian Government Solicitor

Counsel for the debtor : Mr I.B. Ward. Q.C. and Mr S.L. Walmsley Solicitors for the debtor > Elringtons

Date of hearing : 19 December 1985

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE

No. NSW 303 of 1985xX

OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY

Re: JOHN EMMANUEL CHIRAGAKIS A Debtor Ex parte: DEPUTY COMMISSIONER OF TAXATION A Creditor

MINUTE _OF ORDER

JUDGE MAKING ORDER : Neaves J. DATE OF ORDER : S Pebruary 1986 WHERE MADE Canberra THE COURT: l. Orders that the deed of arrangement executed by

u)

John Emmanuel Chiragakis, the debtor, on 23 October 1985 is terminated.

Makes a sequestration order against the estate of the debtor.

Declares that Mr Richard Campbell Brien, a registered trustee, is the trustee of the estate of the debtor.

Orders that the costs of the applicant of and incidental to the application be taxed and paid out

of the estate of the debtor as if they were the costs of a petitioning creditor.

Note: Settlement and entry of orders is dealt with in rule 124 of the Bankruptcy Rules.