Robinswood Pty Ltd v. Stanley, B. & Ors v. [1987] FCA 632

"JUDGMENT No. 632.../, 8-1

BANKRUPTCY - deed o

arrangement - deed to terminate after certain costs paid and distribution to creditors made - all payments made - proceedings pending in District Court between applicant and debtors - application under s.233(2)(b)(ii) Bankruptcy Act for leave to proceed with counterclaim - applicant contended that deed not terminated as terms not strictly complied with - technical and

insubstantial argument - application dismissed.

Bankruptcy Act 1966 ss.233, 234, 235, 236

ROBINSWOOD PTY LTD v BARRY STANLEY and LEE BERNADETTE HORSMAN and the Trustee of their estate ANTHONY HAYES DOUGLAS-BROWN

NO. 101 OF 1984 X

FRENCH J. PERTH "Vp

18 November 1987

Ro VED Z ONOV 1987

FEDERAL COURT OF

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

ee ee

NO. 101 OF 1984 x BETWEEN: ROBINSWOOD PTY LTD

Applicant and BARRY STANLEY and LEE BERNADETTE HORSMAN and the Trustee of their estate ANTHONY HAYES DOUGLAS-BROWN

Respondents

MINUTE OF ORDER

JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 18 November 1987 WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The application 1s dismissed. 2. The applicant 1S to pay the respondents' costs to be taxed.

Note: Settlement and entry of orders is dealt with

in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) GENERAL DIVISION )

NO. 101 OF 1984 xX BETWEE Ne ROBINSWOOD PTY LTD Applicant

and

BARRY STANLEY and LEE BERNADETTE

HORSMAN and the Trustee of their

estate ANTHONY HAYES DOUGLAS-BROWN Respondents

CORAM: FRENCH J. 18 November 1987

REASONS FOR JUDGMENT

This is an application by Robinswood Pty Ltd for leave to proceed with a counterclaim against Barry and Lee Horsman in District Court proceedings commenced by the Horsmans against Robinswood. Leave is sought under' s.233(2)(b)(1i) of the Bankruptcy Act on the basis that a deed of arrangement between the