Chiragakis, J.E. v. Commissioner of Taxation [1986] FCA 405

CATCHWORDS

Bankruptcy - Part X Bankruptcy Act 1966 ~- Rearrangement of affairs relating to appellant's medical practice - Large sums owed to respondent - Meeting of creditors under Part X Bankruptcy Act 1966 - Respondent not consulted about proposed arrangement - Court's discretion to terminate deed under s. 236 and make a sequestration order - Omission of a material particular from statement of affairs -

Whether termination of deed in interests of creditors.

JOHN EMMANUEL CHIRAGAKIS v. DEPUTY COMMISSIONER OF TAXATION

ACT G6 of 1986

FISHER, DAVIES and LOCKHART JJ.

CANBERRA

11 JULY 1986

a

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY No. A.C.T. G6 of 1986

DISTRICT REGISTRY

GENERAL DIVISION

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: JOHN EMMANUEL CHIRAGAKIS Appellant AND: DEPUTY COMMISSIONER OF TAXATION Respondent

MINUTE OF ORDER

JUDGES MAKING ORDER: FISHER, DAVIES and LOCKHART JJ. DATE OF ORDER: 11 JULY 1986 WHERE ORDER MADE: CANBERRA

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the costs of the respondent of this appeal. NOTE: Settlement and entry of orders is dealt with in Order 36 of

the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY No. A.C.T. G6 of 1986

DISTRICT REGISTRY

ee ee eee

GENERAL DIVISION

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: JOHN EMMANUEL CHIRAGAKIS Appellant AND: DEPUTY COMMISSIONER OF TAXATION Respondent

CORAM: FISHER, DAVIES and LOCKHART JJ.

11 July 1986

REASONS FOR JUDGMENT

FISHER J.

I agree that this appeal must be dismissed for the reasons

given by Lockhart J.

I certify that this is a true copy of the Reasons for Judgment of his Honour Mr. Justice F.R. Fisher.

Associate: ye Aamo

Dated: Ht Fue 'GQ .

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY No. A.C.T. G6 of 1986