Van Twest, R. & Anor Ex Parte Tubemakers Australia Ltd [1986] FCA 605

pow AAAS Ateneo Y

CATCHWORODS

BANKRUPTCY - composition - trustee - nomination - validity - only one valid vote - 10c in dollar - large voting creditor blood

relative - applicant failed to attend meeting - set aside.

Bankruptcy Act, 1966 ss. 204(4), 239, r.96(1)

Re:

©

Roger Van Twest and Jenifer Kay Van Twest

Ex parte: Tubemakers Australia Limited Qld Part X No. 163 of 1986

PINCUS J. BRISBANE 19 DECEMBER 1986

discretion to

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISTON ) QLD Part X No.163 of 1986

~

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

Re: ROGER VAN TWEST AND JENIFER KAY VAN TWEST

Ex parte: TUBEMAKERS AUSTRALIA LIMITED

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 19 DECEMBER 1986 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application be dismissed. fo)

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 No.163 of 1986

~

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

Re: ROGER VAN TWEST AND JENIFER KAY VAN TWEST Ex parte: TUBEMAKERS AUSTRALIA LIMITED

PINCUS J. 19 DECEMBER 1986

REASONS FOR JUDGMENT

A creditor, owed a sum of $19,787.39 by two judgment

debtors, applies under s.239 of the Bankruptcy Act 1966 for an

order setting aside a composition, and for an extension of time to

make the application, which is a day late.

The applicant obtained judgment in the District Court for the sum I have mentioned on 29 May 1986 and served a bankruptcy notice, based on the judgment, on 30 June. However, in the meantime, the debtors had signed an authority under s.188 of the Act authorising the calling of a meeting of creditors. Notice was sent to the applicant creditor but it was not represented at the meeting. A composition was proposed and, at least on the face of it, accepted, that the debtors pay 10 cents