Federal Court of Australia
JUDGMENT No. te Sz
CATCHWORDS Bankruptcy - Part X - meeting of creditors - Chairman's decision
on amount in relation to vote of creditor - decision objected to by debtor - debtor seeks declaratory relief - whether decision of Chairman examinable as a "matter" under Part X coming within
cognizance of the Court.
Bankruptcy Act 1966, ss.30, 82, 201.
Re Amadio (1978) 46 F.L.R. 147, not followed.
Re_ Levy; Ex parte Scholefield Goodman & Sons Ltd. (1980) 50 F.L.R. 99, followed.
MICHAEL ANTHONY ZANTIOTIS (Applicant) v. WILLIAM EDWARD ANDREW (First Respondent) and KATY ZANTIOTIS (Second Respondent)
No. W345 of 1987
Beaumont J. 18 December 1987
Sydney
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF No. W345 of 1987
THE STATE OF NEW SOUTH WALES AND
wee ews swe Sw
THE AUSTRALIAN CAPITAL TERRITORY
MICHAEL ANTHONY ZANTIOTIS
Applicant
WILLIAM EDWARD ANDREW
First Respondent KATY ZANTIOTIS
Second Respondent
COURT: BEAUMONT J. PLACE: SYDNEY DATE: 18 DECEMBER 1987
MINUTES OF ORDER
THE COURT ORDERS: 1. Objection to competency overruled.
2. Order that the second respondent pay the applicant's costs of the objection to competency.
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 No. W345 of 1987
THE STATE OF NEW SOUTH WALES AND
we ee SS SS DS
THE AUSTRALIAN CAPITAL TERRITORY
MICHAEL ANTHONY ZANTIOTIS
Applicant WILLIAM EDWARD ANDREW First Respondent
KATY ZANTIOTIS
Second Respondent
CORAM: BEAUMONT J
PLACE: SYDNEY
DATE: 18 DECEMBER 1987
REASONS FOR JUDGMENT (ON OBJECTION TO JURISDICTION)
On 25 August 1987, the applicant, Mr. Zantiotis,
executed an authority under s.188(1) of the Bankruptcy Act
1966 ("the Act") authorising a registered trustee, Mr. Andrew, the first respondent, to call a meeting of his creditors and to take control of his property. On 9 September 1987, a meeting of creditors was held. At the meeting, it was moved that Mr. Zantiotis execute a deed of assignment under Part X of the Act. Seventeen creditors, claiming to be owed a total of $485,651.00, voted in favour of the proposal. A
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