Re Caruana, C.F. v. Ex parte Deputy Commissioner of Taxation [1987] FCA 760

JUDGMENT No. 160.7. 82..

CATCHWORDS

BANKRUPTCY - Part X, Bankruptcy Act 1966 - Application to set aside compositions - debtors entered into maintenance agreements - whether agreements entered into to defraud creditors — omission of material particulars in statements of

affairs - all relevant information before creditors

Bankruptcy Act 1966 (Cth) ss.5, 120, 121, 123(6), 195, 204, (5), 239 Family Law Act 1975 (Cth) ss.4, 86

RE CHARLIE FELIX CARUANA, EX PARTE DEPUTY COMMISSIONER OF TAXATION W ° Part X

RE FRANCIS CARUANA, EX PARTE DEPUTY COMMISSIONER OF TAXATION W339 of 1987 Part X

RE MICHAEL FENECH, EX PARTE DEPUTY COMMISSIONER OF TAXATION WwW ° Part X

Davies J. 23 December 1987 Sydney

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE OF

NEW SOUTH WALES AND

wee eS SS

THE AUSTRALIAN CAPITAL TERRITORY

Nos. W338-340 of 1987 Part xX

RE: CHARLIE FELIX CARUANA Debtor EX PARTE: DEPUTY COMMISSIONER OF TAXATION Applicant RE: FRANCIS CARUANA Debtor EX PARTE: DEPUTY COMMISSIONER OF TAXATION Applicant RE: MICHAEL FENECH Debtor EX PARTE: DEPUTY COMMISSIONER OF TAXATION Applicant CORAM: Davies J. DATE: 23 December 1987 PLACE: Sydney MINUTES OF ORDER THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the costs of the debtors. 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 Nos. W338-340 of 1987

Part X NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY RE: CHARLIE FELIX CARUANA Debtor EX PARTE: DEPUTY COMMISSIONER OF TAXATION Applicant RE: FRANCIS CARUANA Debtor BX PARTE: DEPUTY COMMISSIONER OF TAXATION Applicant RE: MICHAEL FENECH Debtor EX PARTE: DEPUTY COMMISSIONER OF TAXATION Applicant CORAM: Davies J. DATE: 23 December 1987 PLACE: Sydney