Federal Court of Australia
a
_
JUDGMENT No. VA
BANKRUPTCY - composition ~- application for approval and for >_>
annulment of bankruptcy - composition conditional on non-existence
of undisclosed assets - contrary to general purposes of Act -
composition not approved.
Bankruptcy Act 1966 s.73, s.74, s.150
Re: Peter Leopold Clyne (1978) 44 ABB 3902
Re: Malcolm Thomas Wardle
Ex_ parte: Malcolm Thomas Wardle No. 113 of 1986
an
FRENCH J. PERTH
22 DECEMBER 1987
IN THF FEDERAL COLPT ) OF AUSTRALTA ) GENERAL DIVISION ) BANKRUTPCY DISTRICT ) OF THE STATE. OF ) WESTERN AUSTRALIA )
Mo. 113 of 1986
Re: MALCOLM THOMAS WARDLE Bankrunt
FX parte: MALCOLM THOMAS WARDLE
Applicant MINUTRF OF ORDOR JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER: 22 DECEMBER 1987
WHERE MADE: PERTH THE COURT ORDERS THAT:
1. The application will be dismissed.
Note: Settlement and entry of orders 1s dealt with
in Rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COUPT ) OF AUSTRALIA ) GENFRAL DIVISION ) BANKRUTPCY DISTRICT ) OF THE STATF OF ) WESTERN AUSTRALIA )
No. 113 of 1986 Re: MALCOLM THOMAS WARDLE Bankrupt
Ex parte: MALCOLM THOMAS WARDLF
Applicant
CORAM: FRENCH J. 22 December 1987
EX TEMPORE REASONS FOR JUDGMENT
This is ar application to approve a composition pursuant to s.74 of the Bankruptcy Act. The applicant, Malcolm Thomas Wardle, became bankrupt on his own petition on 28 February 1986. He was then aged 39 years, with a wife and one child of 12 months dependent upon him for support. He was also required to maintain
two children aged 17 and 15 years respectively from a previous
marriage.
Since 1981, under the terms of a maintenance agreement, he has been committed to paying $180.00 a month. He was, at the date of bankruptcy and still 1s, employed by Lombardo Marine Pty
Ltd, as a fitter on a gross weekly wage of $310.00.
Wardle was previously a director and shareholder of Chelam Pty Ltd which participated 1n a joint venture with another
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