Beames, Re I.R. Commissioner of Taxation [1986] FCA 440

40 eb

CATCHWORDS

BANKRUPTCY - very large indebtedness alleged - proposed composition - little benefit to creditors - whether creditor's petition should be heard before creditors' meeting.

Bankruptcy Act, 1966 Part X

Re: Jan Robert Beames Ex parte: Deputy Commissioner of Taxation Qld P917 of 1986

PINCUS J. BRISBANE

10 October 1986

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION

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QED P917 of 1986

BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )

RE: IAN ROBERT BEAMES

EX PARTE: DEPUTY COMMISSIONER OF TAXATION

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 10 OCTOBER 1986 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The adjournment be refused.

NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules,

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IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION ) QLD P917 of 1986

BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )

RE: IAN ROBERT BEAMES

EX PARTE: DEPUTY COMMISSIONER OF TAXATION

PINCUS J. 10 OCTOBER 1986

REASONS FOR JUDGMENT

This 1s a contested application for adjournment of a

creditor's petition under the Bankruptcy Act, in rather unusual

circumstances . The petition 1s based on service of a bankruptcy notice. The judgment debtor has executed an authority pursuant to

s.188 of the Bankruptcy Act, and notice of a meeting of creditors,

to be held on 13 October 1986, has been forwarded to all creditors. The hearing of the creditor's petition, which was secved on 25 September 1986, has come on before the meeting and it has been argued on behalf of the judgment debtor that the Court

should not hear the petition until the wishes of the creditors are

known.

A considerable quantity of material has been filed with respect to the application for adjournment. The essential facts

are as follows. On 3 January 1984, the petitioning creditor