Nirens, Susan, trading as Lornik v Deputy Commissioner of Taxation [1986] FCA 677

(97 | tat - (118)

CATCHWORDS

Bankruptcy - Costs - Petitioning Creditor - Dismissal of petition after acceptance of composition - Whether Court may order payment of petitioner's costs out of fund constituted for purposes of composition.

Bankruptcy Act 1966 - ss. 109, 188(i)(e), 231(2), 237(2), 243

Re: Sneddon; ex parte: Australian Telecom Employees Credit Co-operative Ltd., unreported, Jenkinson J; judgment 15 July 1983.

RE: SUSAN NIRENS, TRADING AS LORNIK EX PARTE: DEPUTY COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

P886 OF 1986

Jenkinson J. 31 October 1986 Melbourne

IN THE FEDERAL CoURT OF

AUSTRALIA }

GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE

re = c

spin sTaTe i

oF VICTORIA ' RE: suSAN NTRENS. TRADING AS LORNIE Debtor Ex FARTE DEPUTY COMMIS IUNER OF TASATION OF THE CUMMONWEALTH UF AUSTRALIA Creditor CORAM: Jenkinson J. EFLACE: Melbourne DATE: 31 October, 1386 REASONS FUR JUGGMENT The perition wrasented on 10 September 1356 WAS dismissed by me on 23 October Lote, after the creditors of the

debtor had accepted a composition by

Bankruptcy Act 136

the debtor in pursuance of 5.13d3(1liisi

fat

ctober 1386. The

petitioner' s costs

to the trustee by

trustee accord to t

would have

costs

been

her pursuank to Fart K of the

on £2 Uctober 13936. The authority given by

or that Act was signed on L

petitioning creditor sought an order that the

of the petition be paid out of the fund payable

the debtor under the composition and that the

hat payment the priority which payment of those

accorded by the trustee of the debtor s

astate if a sequestration order had been made.

w tf i i

pal at ng fay

The special resolution ov which

"THAT bthe creditors accepro a Composition pursuant to the provisions of Fart K or the Bankruptcy Act 1960 in respect of the prov fable debts of the Debtor in the following terms:-

l. That the Trustee of tha Composition be