Federal Court of Australia
CATCHWORDS et
BANKRUPICY - composition - voting creditors related to debtor - proofs said to he defective - resolution purportedly passed in favour of composition - application by Registrar under s.222 for declaration that composition void - effect of Chairman's decision that resolution passed - whether Court bound to hold resolution Passed - whether failure to adjourn meeting can be vitiating - application dismissed.
Bankruptcy Act, 1966 ss.30, 194(2), 201, 202(4), 204, 222, 239(2).
Re: Donald Gordon Ogle Ex Parte: Robert Arthur Allen
The Registrar in Bankruptcy in the Southern District of the State of Queensland
Qld Part X 74 of 1986
PINcUS J. BRISBANE 20 AUGUST 1986
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION
~
QLD Part X 74 of 1986
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
RE: DONALD GORDON OGLE
EX PARTE: ROBERT ARTHUR ALLEN The Registrar in Bankruptcy in the
Southern District of the State of Queensland ~
MINUTES OF ORDER
JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 20 AUGUST 1986 WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 7 The application be dismissed.
2. The costs of and incidental to the proceedings be paid by the applicant, to be taxed.
NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA )
GENERAL DIVISION ) QLD Part X 74 of 1986 BANKRUPTCY DISTRICT OF THE SOUTHERN )
DISTRICT OF THE STATE OF QUEENSLAND )
RE: DONALD GORDON OGLE
EX PARTE: ROBERT ARTHUR ALLEN The Registrar in Bankruptcy in the Southern District of the State of
Queensland
PINCUS J. 20 AUGUST 1986
REASONS FOR JUDGMENT
This is an application by the registrar for a declaration under s.222 of the Bankruptcy Act that a composition entered into by the debtor, Mr. Ogle, on 10 April 1986 is void.
On 14 March 1986, the debtor authorised one Noel Adsett to call a meeting of creditors for the purposes of Part X of the
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