Re: Vaccaro; Ex Parte: Florio[1987] FCA 824

JUDGMENT No. 2o Steud 2c

IN THE FEDERAL COURT OF AUSTRALIA |)

GENERAL, DIVISION : 7) No. W 468 of 1986 BANKRUPTCY DISTRICT OF ) Part X ) )

NEW SOUTH WALES AND AUSTRALIAN CAPITAL TERRITORY

Re: Constance VACCARO j Debtor Ex parte: Josephine Angelina FLORIO Applicant : And: John Howard MANN Respondent

CORAM: HEinfeld J.

DATE: 16 October 1987

PLACE: Sydney

EX—-TEMPORE JUDGMENT

The matters before the court are applications by Josephine Angelina Florio, the daughter of the debtor Constance Vaccaro, for injunctive and other relief against or concerning the stewardship by John Howard Mann, the respondent, of the assets and property of the debtor under a purported deed of arrangement dated 29 December 1986, and an application by the respondent, Mr. Mann, for a declaration that the said deed of arrangement is invalid and that the estate of Mrs. Vaccaro be

sequestrated.

There is also foreshadowed an application by Mr. Mann under _ section 190(3) of the Bankruptcy Act 1966 (the Act) for the leave of the court

to sell the property which was the subject of this dispute.

The matter was first in the list on Tuesday, 13 October 1987, when immediate orders were sought for the voiding, either by way of declaration or acknowledgement following upon findings of fact, of the purported deed of arrangement and for injunctive relief which would prevent the respondent, Mr. Mann, in 'particular, from pursuing a

particular sale to a man named Figtree of the property in question.

When the matter was in the list on Tuesday, 13 October 1987, by way of a mention or callover, I declined to deal with the matter on the basis of the very short time that was then available to become familiar with the facts of the matter, and stood all the applications over to today. In the meantime, asking for and receiving mutual undertakings by the