Re Morton, G.V. v. Ex parte Morton, G.V. v. Westpac Banking Corporation [1987] FCA 550

CATCHWORDS

BANKRUPTCY - composition under Part X - terms of composition complied with - certificate issued by trustee under s.243A -

application pursuant to 3.92, 2 years after terms of composition carried out, seeking leave to amend proof of debt - no steps

taken to redeem or realise security prior to the carrying out of

the terms of the composition - obligations of debtor under deed discharged.

Bankruptcy Act 1966 - ss.90, 91, 92, 93, 153, 238, 240, 243A.

RE _ GARY VINCENT MORTON: EX PARTE GARY VINCENT MORTON AND WESTPAC BANKING CORPORATION

W.A. No. 112 of 1981X%

SPENDER J. PERTH 21 SEPTEMBER, 1987. t

DACA! EGISTRY

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISTON )

BANKRUPTCY DISTRICT OF THE STATE OF ) WESTERN AUSTRALIA ) W.A. NO. 112 of 1981X

RE: GARY VINCENT MORTON Debtor

EX PARTE: GARY VINCENT MORTON

Applicant and

WESTPAC BANKING CORPORATION Respondent

MINUTE OF ORDER

JUDGE MAKING OPDEP : SPENDER J. DATE OF ORDER: 21 SEPTEMBER, 1987 WHEPE MADE: PERTH

THE COURT DECLARES THAT:

By reason of the composition entered into by the Applicant with his creditors pursuant to Part ¥ of the Bankruptcy Act on the 12th day of January, 1982 the Applicant 1s indebted to the Respondent in the sum of $1,000.00 together with interest thereon in the sum of $1,697.00 plus an amount of $110.00 in respect of the settlement fee.

THE COURT ORDERS THAT:

(1) The Respondent is obliged to pay to the Applicant the sum of $13,147.53 less the sum referred to in Paragraph 1 above, together with any interest that

may have accrued thereon since the 6th day of February, 1987 to date of payment.

(2) Westpac Banking Corporation pay to G.V. Morton the costs of his motion and the Westpac Banking Corporation motion to be taxed, if not agreed.

NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules. '