Re Palmer v. Ex parte Taylor [1988] FCA 90

WUDGMENT Mo. TO O%

CATCHWORODS

BANKRUPTCY - Part X deed of assignment - motion to accept deed

rejected - passed at adjourned meeting - competency of second

motion.

Bankruptcy Act 1966 ss.188, 222.

RE ALAN ROY PALMER; EX PARTE ALAN RICHARD TAYLOR QLD. NO.xX63 of 1986

SPENDER J. BRISBANE 4 MARCH 1988.

IN THE FEDERAL COURT OF AUSTRALIA )}

Rule 124 of the Bankruptcy Rules.

GENERAL DIVISION ) QLD No.X63 of 1986 BANKRUPTCY DISTRICT OF THE SOUTHERN) DISTRICT OF THE STATE OF QUEENSLAND) RE: ALAN ROY PALMER EX PARTE: ALAN RICHARD TAYLOR as Controlling Trustee under Part X of the Bankruptcy Act 1966 (Commonwealth) as amended Applicant MINUTE OF ORDER JUDGE MAKING ORDER: SPENDER J. DATE OF ORDER: 4 MARCH 1988 WHERE MADE: BRISBANE THE COURT ORDERS THAT: 1. The deed of assignment executed by the debtor on 10 April 1986 is void. 2. Mr. Palmer to pay the costs of the Registrar, to be taxed 1f not agreed. NOTE: Settlement and entry of orders is dealt with by

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) QLD No.X63 of 1986

BANKRUPTCY DISTRICT OF THE SOUTHERN) DISTRICT OF THE STATE OF QUEENSLAND)

RE: ALAN ROY PALMER EX PARTE:

ALAN RICHARD TAYLOR as Controlling Trustee under

Part KX of the Bankruptcy Act 1966 (Commonwealth) as amended

Applicant

CORAM: SPENDER J.

PLACE: BRISBANE

DATE: 4 MARCH 1988

REASONS FOR JUDGMENT

This is a motion by the Registrar in Bankruptcy of the Southern District of the State of Queensland for an order that the deed of assignment executed by Alan Roy Palmer on 10 April 1986 be declared void on the grounds that there are doubts whether the said deed complies with the requirements of Part X of

the Bankruptcy Act 1966, in that the said deed:-

"(a) ius a nullity;

(b) is not for the benefit of the Respondent's creditors;

(c) was invalidly approved at the creditors meeting of 10th April, 1986 in that a special resolution that the Respondent execute a Deed of Assignment had been defeated at an earlier meeting of his ereditors on 27th March, 1986."