Re Tripodi, A. v. Ex parte Col Johnson Pty Ltd [1987] FCA 7

CATCHWORDS

BANKRUPTCY - Application under ss.222, 235 and 236 to void or terminate a deed of arrangement - Whether special resolution to terminate deed was passed - Whether it could be passed having regard to the terms of the notice of the meeting - Effect of statutory provision making minutes prima facie evidence - Requirement that termination of deed be resolved at a meeting "called for the purpose" - Whether deed uncertain - Omission of

particular creditors from Statement of Affairs and omission to notify them of meeting at which execution of deed of arrangement

was resolved - Errors in and omissions from Statement of Affairs ~ Discretion of the Court under s.222 - Effect of requirement for making of order that it be in the interests of the creditors to do so - Honesty of debtor and unlikelihood of further assets being recovered or order being made under s.131 for contribution ~- Relationship of ss.236 and 242 to s.222.

Bankruptcy Act 1966, ss.116(2)(b), 203, 222, 223A, 225(4), 235, 236.

Re Williamson; Ex parte Wearne (1980) 43 F.L.R. 305

Re Beames; Ex parte Beneficial Finance Corporation Limited (1985) 7 F.C.R. 216

Re Doukidis; Ex parte Consolidated Constructions Pty. Ltd., unreported, Toohey J., 26 June 1985.

Beard v. Prestige Baking Industries Pty. Ltd. (1981) 52 F.L.R. Chiragakis v. Deputy Commissioner of Taxation, unreported, Fisher, Davies and Lockhart JJ., 11 July 1986.

Re Kleiss; Ex parte McDonough (1968) 15 F.L.R. 281

RE TRIPODI; EX PARTE COL JOHNSON PTY. LIMITED W.219 of 1984x

Burchett J. Sydney 22 January 1987

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

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

No. W.219 of 1984x

wewewerw ws

BETWEEN: ARMANDO TRIPODI Debtor AND:

COL JOHNSON PTY. LIMITED

Applicant

MINUTE OF ORDERS OF THE COURT