Federal Court of Australia
Stems ng
Judgement No. Mag,
BANKRUPTCY - partners - bankrupts' application for approval of joint composition ~ application for annulment of sequestrations -
husband and wife partnership ~ no provision for joint composition
in ss.73-75 Bankruptcy Act - joint creditors and separate creditors voting on joint composition resolution - application dismissed - concurrent creditors meetings may approve separate resolutions,
Bankruptcy Act 1966 s.56, s.73, s.74, S.187A
Re: Forbes (1974) 24 FLR 87 McDonald Henry & Meeks Australian Bankruptc
Law & Practice 5th Ed. Irlicht, T. Assignments, Arrangements and Compositions by Debtors
2nd Ed.
ROY ALBERT EDWARDS and MARIA ANN EDWARDS EX PARTE: ROY ALBERT
EDWARDS and MARIA ANN EDWARDS NO. 110 OF 1986
FRENCH J. 18 March 1987 a, Perth i" Ceo 7 \ . \
i 69 4A 1987
(i FEDERAL COLP, oF
aA AUSTRALIA,
PHrnwu. PAL REGISTRY
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA
oo a red
NO. 110 of 1986
BETWEEN: ROY ALBERT EDWARDS and MARIA ANN EDWARDS
Bankrupts
EX PARTE: ROY ALBERT EDWARDS and MARIA ANN EDWARDS
Applicants
MINUTC OF ORDER
JUDGE MAKING ORDER: FRENCH J.
DATE ORDER MADE: 18 MARCH 1987 WHERE MADE: Perth
THE COURT ORDERS THAT:
l. That the application be dismissed.
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. 110 OF 1986
BETWEEN: ROY ALBERT EDWARDS and MARIA ANN EDWARDS
Bankrupts and
EX PARTE; ROY ALBERT EDWARDS AND MARIA ANN EDWARDS
Applicants
CORAM: FRENCH J.
18 March 1987 REASONS FOR JUDGMENT
Mr & Mrs Edwards became bankrupt on 27 February 1986 on
their presentation of a joint debtors' petition against their
partnership pursuant to s.56 of the Bankruptcy Act.
They now apply to the Court for approval of a composition accepted by a special resolution at a meeting of their
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