Federal Court of Australia
CATCHWORDS
Bankruptcy - Bankruptcy Act s.74(5) - application for annulment -
court's discretion - interests of creditors - considerations of commerical morality and public interest - no conduct to warrant refusal.
Bankruptcy Act 1966 s.74(5), (6) and (7)
Re_ Groom Ex Parte Bankrupt (1979) 29 FLR 324 at 331
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No. 119 of 1984 RE: MARK WALD EX PARTE: MAURICE HODGSON LYFORD AND RODNEY MICHAEL EVANS
FRENCH J.
PERTH 24 DECEMBER 1986
IN THE FEDERAL COURT ) OF AUSTRALIA ) GENERAL DIVISION ) BANKRUPTCY DISTRICT ) OF THE STATE OF )
)
WESTERN AUSTRALIA No. 119 of 1984
RE: MARX WALD Bankrupt
EX PARTE: MAURICE HODGSON LYFORD and RODNEY MICHAEL EVANS
Trustees Applicants
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER: 24 DECEMBER 1986 WHERE MADE: Perth
THE COURT ORDERS THAT:
The bankruptcy of the Bankrupt be and is hereby
annulled,
Note : Settlement and entry of orders is dealt
with in Rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION BANKRUPTCY DISTRICT
OF THE STATE OF WESTERN AUSTRALIA
No. 119 of 1984
RE: MARX WALD
Bankrupt
EX PARTE: MAURICE HODGSON LYFORD and RODNEY MICHAEL EVANS
Trustee Applicant
CORAM : FRENCH J.
24 December 1986 REASONS FOR JUDGMENT
On 8 December 1986 the registered trustee for the bankrupt estate of Marx Wald made application for the approval of a composition that had been accepted by the creditor by a special resolution passed at the meeting held on 11 September 1986. All creditors who did not attend that meeting were given notice of the
application and asked for an indication as to whether they would
oppose the approval of the composition.
No such opposition was reported, and after considering the report of the trustee I approved the composition under sub~s.74(1) of the Bankruptcy Act 1966. On the same day as the
application to approve the composition was heard an application
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