Federal Court of Australia
* a TS
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BANKRUPTCY - application to avoid, set aside or terminate composition - application for sequestration order - applicant seeking payment for wages - interim creditors' meeting -—- composition excluding applicant - appointment of interstate trustee not justified ~ no composition payments yet made - delay making application under s.239 - no prejudice - regard to circumstances of composition - employment monies a statutory
priority - composition unreasonable.
Bankruptcy Act 1966 ss.242, 222, 239 Industrial Training Act 1975 (WA)
Re: Forbes (1974) 24 FLR 87 Re: Thompson; Ex parte Smith (No. 1) (1975) 38 FLR 153
Re: Doukidis; Ex parte Consolidated Constructions Pty Ltd
(unreported Toohey J. 26 June 1985) Re:Jacobs; Ex parte O'Connor 53 ALR 93
Re: Boyley Ex parte The Deputy Commissioner of Taxation (1952) 16 ABC 33.
ANTONIO RASCHILLA v FRANK AND ADELIA GULLUNI and the Trustee of their Estate BARRY TAYLOR NO. 42 OF 1986 X
FRENCH J. [c PERTH \- 5 MARCH 1987
\ 2" RINCIPAL . REGISTRY
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IN THE FEDERAL COURT ) OF AUSTRALIA ) GENERAL DIVISION ) BANKRUPTCY DISTRICT ) OF THE STATE OF ) WESTERN AUSTRALIA )
No. 42 of 1986 BETWEE Ns: ANTONIO RASCHILLA Applicant and FRANK AND ADELIA GULLUNT and the Trustee of their estate BARRY TAYLOR
Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 5 March 1987 WHERE MADE: Perth
THE COURT ORDERS THAT:
1. Time is extended to enable the applicant to apply to set aside the compositions under s.239 of the Bankruptcy Act.
2. Leave is granted to amend the application to include a claim for an order setting aside the compositions under s.239 of the Bankruptcy Act.
3. The composition entered into by Frank Gulluni on 14 April 1986 be set aside.
4. The composition entered into by Adelia Gulluni on 14 April 1986 be set aside.
5. Sequestration order against the estate of Frank Gulluni.
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