Federal Court of Australia
CATCHWOFDS Bankruptcy - deed of arrangement entered into consequent upon resolution passed at meeting of creditors - Controlling Trustee
only person present - proxies given to Trustee by more than one
creditor - whether meeting valid.
Bankruptcy Act 1966, ss. 200, 202
RE_PAUL SHERGOLD & JIIDY SHERGOLD, EX PARTE THOMAS GERALD McINNES
& PAULINE MARIA McINNES
No. P321 of 1986
Coram: Sheppard J, Date : 3 September 1986
Place: Svdnev
EBERAL court AUSTRALIA OF
PRINC'PAL REGISTRY
IN_THE FEDERAL COURT OF AMSTRALIA
NEW SOUTH WALES DISTRICT RFGISTRY
GENERAL DIVISTON No. P3221 nf 1986
BANKRUPTCY DISTRICT
OF THE STATE OF NEW SOUTH WALES
very evr er revere
AND THE AUSTRALIAN CAPITAL TERRITORY
RE: PAL SHERGOLD & JUDY SHERGOLD
EX PARTE: THOMAS GERALD McINNES & PAULINE MARIA McINNES
MINUTES OF ORDER
JUDGE MAKING ORDER: Sheppard J.
DATE OF ORDER : 3 September 1986 WHERE MADE : Svdnev
THE COURT ORDERS THAT:
The Deed of Arrangement entered into by the Debtors on the
thirtieth dav of May 1986 be set aside.
NOTE: Settlement and entrv of orders 18 dealt with in Rule 124
of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISTON No. P321 of 19RA
BANKRUPTCY DISTRICT
OF THE STATE OF NEW SOUTH WALES
ee ee
AND THE AUSTRALIAN CAPITAL TERRITORY
RE: PAUL SHERGOLD & JUDY SHERGOLD EX PARTE: THOMAS GERALD McINNES &
PAULTNE MARIA McINNES
CORAM: SHEPPARD J. DATE : 3 SEPTEMBER 1986
REASONS FOR JUDGMENT
HIS HONOUR: This is an application made on behalf of petitionina creditors. who have presented a petition for the sequestration of the debtors' estates, that a deed of arrangement entered into bv the debtors on 30 Mav 1986 be set aside. The around of the application is that at the meeting of creditors at which it was resolved that the debtors enter into the deed of arrangement a quorum was not present so that the meeting and the deed entered into ain consequence of it were of no effect. The evidence establishes that onlv the controlling Trustee under the deed, Mr. Gaqle, was present at the meeting. However, he held proxies from
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