Broad, Re D.J. O'Brien, J.W. & Anor [1986] FCA 617

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6/7 Niort FoR DISTRIBUTION) | PAB 1G:

IN THE FEDERAL COURT OF AUSTRALIA ) ) ) ) No. W 145 of 1984 ) ) )

GENERAL DIVISTON

BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY

RE: DAVID JOHN BROAD A debtor EX PARTE: JOHN WILLIAM 0' BRIEN Applicant

DAVID JOHN BROAD

Respondent

CORAM: WNeaves J.

DATE: 24 December 1986

REASONS FOR JUDGMENT

On 16 December 1986, at the conclusion of the hearing of an application by John William O'Brien, I made

the following declarations and orders - *%

'

1. An order that the adjournment sought by the respondent David John Broad of the application by John William O'Brien be refused.

2. A declaration, pursuant to sub~-s.222(2) of the Bankruptcy Act 1966 ("the Act"), that the deeds made between David John Broad and John William O'Brien and respectively dated the 5th day of September 1984 and the 14th day of December 1984 are void on the ground that those deeds were not entered into in accordance with Part X of the Act in

that they do not, nor does either of a them, accord with the special resolutio ia '\ passed on 16 August 1984 at a meeting of Y"* ey the creditors of David John Broad asf ROO \ such resolution is recorded in th ' 2ADECI86

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2.

minutes of that meeting or in the certificate of its passing signed by the chairman of that meeting and filed in the office of the Registrar in Bankruptcy pursuant to sub-s.204(7) of the Act.

3. A sequestration order against the estate of David John Broad.

4. An order that the costs of John William O'Brien of the application be taxed and paid in the administration of the bankrupt estate as if they were the costs of a petitioning creditor.

5. Liberty to apply.

6. An order that the application by David