Shergold, Re P. & Anor Innes, Ex Parte T. & Anor [1986] FCA 464

ry

Hy

CATCHWORDS Bankruptcy - deed of arrangement entered into consequent upon resolution passed at meeting of creditors - proxies qiven to chairman of meeting and Controlling Trustee - Trustee holding

onlv one proxv purporting to appoint another person chairman of

meeting - whether appointment of chairman valid.

Bankruptcy Act 19646, s. 196

RE_PAUL SHERGOLD & JUDY SHERGOLD,. EX PARTE THOMAS GERALD McINNES

& PAULINE MARIA McINNES

Nos. P321 of 1986 and W1105 of 1986

Coram: Sheppard J.

Date : 16 October 1986

Place: Svdnev

Note: This jiudament should be read in coniunction with the

judament of Sheppard J. in Re Sheraold and Anor; ex parte McInnes

and Anor (No. P321 of 1986) delivered on 3 September 1986.

IN_THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION

BANKRUPTCY DISTRICT

OF THE STATE OF NEW SOUTH WALES

AND THE AUSTRALIAN CAPITAL TERRITORY

a) i) ) ) ) Nos. P321 of 1986 ) and W1105 of 1986 ) ) ) ) )

RE PAUL SHERGOLD & JUDY SHERGOLD EX_PARTE: THOMAS GERALD McINNES & PAULINE MARIA McINNES MINUTES OF ORDER JUDGE MAKING ORDER: Sheppard J. DATE OF ORDER : 16 October 198A

WHERE MADE : Svdney

THE COURT ORDERS THAT:

The application to rescind the order made on 3 September 1986 be

dismissed.

NOTE:

Settlement and entrv of orde

of the Bankruptcy Rules.

rs is dealt with in Rule 124

IN_THE FEDERAL COURT OF AUSTRALTA

NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION

Nos. P321 of 1986

BANKRUPTCY DISTRICT and W1105 of 1986

OF THE STATE OF NEW SOUTH WALES

www er eryewwrvervrn

AND THE AUSTRALIAN CAPITAL TERRITORY

RE: PAUL SHERGOLD & JUDY SHERGOLD

EX PARTE: THOMAS GERALD McINNES & PAULINE MARTA McINNES

CORAM: SHEPPARD J.

DATE : 16 OCTOBER 1986

REASONS FOR JUDGMENT

HIS HONOUR: This is an application to rescind an order made bv me on 3 September last. The order was that the Deed of Arrangement entered into by the debtors on 30 Mav 1986 be set aside. Reqrettabliv. due to the smallness of the estate of the debtors. I did not have the assistance of evidence from the debtors nor the trustee, who had been appointed trustee in the Deed of Arrangement. In the result. the facts that I had from the judament creditors. and upon which I relied. were not completely accurate. This was not the fault of the iudament creditors nor their leqal advisers. It was due to the absence from the proceedings before me of the iudament debtors and the