Federal Court of Australia
CATCHWORDS
BANKRUPTCY - Compromise of action by trustee - no permission of creditors or leave of Court to compromise obtained - operation of sub-s. 1358/4) Bankrustcy Act - meaning of "good faith" in para. 125'4)(b' - wnether "without notice" in para. 13514)(b) requires
absence of knowledge of legal requirement that permission or leave to
compromise be obtained.
Rankruptey Ack 1966 (Ctn): sub-ss. £8(3), 314/2), 12511), 13514) WILSON JOSEPH WILDE and ANCR. v. JANELLE KAY SPRATT and OPS. 332 2f 1986
we
-
FISHER, LOCKHART and SPENDER JJ. BRISBANE
24 DECEMBER 1986
Powe
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
No. G 82 of 1986 BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE
STATE OF QUEENSLAND
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN : WILSON JOSEPH WILDE AND ERNEST GEORGE HARRIS
AND: JANELLE KAYE SPRATT
First Respondent
a fea [onyimal i) oO
QUARPIES PTY. LTD.
second Respondent
ROBERT WILLIAM PREACH
Third Respondent
JOHN FOBERT REES
Fourth Respondent JUDGES MAKING OPDEF: FISHER, LOCKHART and SPENDER JJ. WHERE ORDER MADE: BRISSANE DATE OF ORDER: 24 DECEMBER 1986 MINUTE OF ORDEP THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellants pay the costs of the respondents 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 GENERAL DIVISION
No. G 82 of 1986 BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE
STATE OF QUEENSLAND
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN : WILSON JOSEPH WILDE AND ERNEST GEOPGE HARRIS Appellants AND: JANELLE KAYE SPRATT
First Respondent
P. & 5S. DECO QUARRIES PTY. LTD.
Second Respondent
ROBERT WILLIAM PEACH
Third Respondent JOHN ROBEPT REES
Fourth Respondent
COURT: FISHER, LOCKHART and SPENDER JJ.
DATE: 24 DECEMBER 1986.
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