Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
QLD Part X 87 of 1987
BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND
RE: KEVIN ROY SMEATON
Debtor
EX PARTE: KINGHAM AGENCIES PTY. LTD. and ROBERT JOHN BAILEY and EDWARD CHARLES ROACH, MAUREEN JOAN RAOCH and AMANDA JANE BEAL
Applicants MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF OPDER: 17 AUGUST 1987 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
The application for an extension of time in which to execute a deed of arrangement be dismissed.
NOTE: Settlement and entry of orders 1s dealt with in Rule 124 of the Bankruptcy Rules.
25 AUG 1587
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IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
LS
QLD Part X 87 of 1987
BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE STATE OF QUEENSLAND
one
RE: KEVIN ROY SMEATON Debtor EX PARTE: KINGHAM AGENCIES PTY. LTD. and ROBERT
JOHN BAILEY and EDWARD CHARLES ROACH, MAUREEN JOAN ROACH and AMANDA JANE BEAL
Applicants
PINCUS J. 17 AUGUST 1987
EX TEMPORE REASONS FOR JUDGMENT
In this matter an application has been made by Mr. Dutney instanter for an extension of time to execute a deed. The
debtor was the subject of a meeting of creditors on 29 May i987 at
the office of a firm of accountants at which there was passed a resolution in these terms: "That pursuant to section 204(1)(b) of the Bankruptcy Act 1966, the creditors require Kevin Roy Smeaton to execute a Deed of Arrangement under Part X of the Bankruptcy Act." The resolution did not define the terms of the deed and the deed, exhibit 2, which was ultimately prepared, contains terms which are not inthe resolution, nor, as far as I can see, mentioned 1n the minutes. The terms of the intended deed, insofar
as they are matters of critical substance, may be derived from p.2
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