Watkinson, Re H. Ex Parte Registrar In Bankruptcy v Watkinson, H. & Anor [1986] FCA 167

Io] CATCHWORDS

Bankruptcy - application to have composition declared void -

whether applicaticn made within time.

Bankruptcy Act 1966, ss. 187(1), 194, 222(6)(a)(c), 242, 243A

Re Doukidis (Unreported) (26th June 1985)

Re Kleiss (1968) 15 F.L.R. 281

RE HONNY WATKINSON, EX PARTE THE REGISTRAR IN BANKRUPTCY AND HONNY WA@KINSON AND IAN KENNETH MacKINNON AND EX PARTE THE. MAYOR COUNCILLORS AND CITIZENS OF THE CITY OF GEELONG

GRAY J.

MELBOURNE:

3RD MARCH 1986.

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"he

IN THE FEDERAL COURT OF AUSTRALIA

) GENERAL DIVISION ) No. 187 of 1984 BANKRUPTCY DISTRICT OF THE STATE OF ) VICTORIA ) RE: HONNY WATKINSON A Debtor EX PARTE: THE REGISTRAR IN BANKRUPTCY Applicant HONNY WATKINSON and IAN KENNETH MacKINNON Respondents AND EX PARTE: THE MAYOR COUNCILLORS AND CITIZENS

OF THE CITY OF GEELONG

Creditor

JUDGE: GRAY J.

ie fae [ea

3RD MARCH 1986

EX_TEMPORE REASONS FOR JUDGMENT

This is the hearing of a preliminary objection, based on a point of law, under the Bankruptcy Act 1966. The facts are not in dispute. On 2nd November 1984, a meeting of creditors resolved to accept a composition, involving payment on behalf of the debtef.of $20,000.00 by installments. The full amount ,has now been paid by the debtor's father. The last date on which an installment reached the trustee of the composition was 23rd April 1985. The trustee has not distributed any of the funds to the

creditors.

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a

On 6th November 1985, the Registrar in Bankruptcy

applied pursuant to 5. 222 of the Act to have the composition

declared void, on grounds which are not presently material. On lith November 1985, the City of Geelong, a creditor, made an application, which refers to ss. 194 and 242, as well as to s. 222. The grounds of that application concern the alleged omission of a material particular from the statement of affairs of the debtor, insufficient information to creditors as to her assets, the alleged failure to give notice to all creditors of the meeting which accepted the composition, and an allegation