Federal Court of Australia
JUDGMENT No, \$77 7 ¢@
so eer ey,
IN THE FEDERAL COURT OF AUSTRALIA
) LIMITED DISTRIBUTION
) WESTERN AUSTRALIAN )
)
)
DISTRICT REGISTRY
GENERAL DIVISION NO. WAG 62 OF 1985
ON APPEAL from the Honourable Mr. Justice Toohey
BETWEEN: EMMANUEL GEORGE DOUKIDIS Appellant and CONSOLIDATED CONSTRUCTIONS PTY LTD First Respondent and PETER MICHAEL MELSOM as Trustee of the Estate of Emmanuel George Doukidis Second Respondent JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 29 MARCH 1988
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The matter be listed for further directions on 11 April
1988 at 2.15 pm
Note: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
) LIMITED DISTRIBUTION
) WESTERN AUSTRALIAN )
)
)
DISTRICT REGISTRY
GENERAL DIVISION NO. WAG 62 OF 1985
ON APPEAL from the Honourable Mr. Justice Toohey
BETWEEN: EMMANUEL GEORGE DOUKIDIS
Appellant
and
CONSOLIDATED CONSTRUCTIONS PTY LTD First Respondent
and
PETER MICHAEL MELSOM as Trustee
of the Estate of Emmanuel George
Doukidis
Second Respondent
CORAM: FRENCH J. 29 March 1988
REASONS FOR JUDGMENT ON APPLICATION FOR ORDER THAT APPEAL BE ALLOWED BY CONSENT On 17 September 1984 the appellant entered into a composition with his creditors under Part X of the Bankruptcy Act 1966. On the application of the first respondent, Toohey J. made an order on 26 June 1985 setting aside the composition under sub-s.239(1) of the Act. On 16 July 1985 the present appeal against that decision was instituted. It came on for hearing before a Full Court comprising Sweeney, Sheppard and Beaumont JJ
on 16 September 1985. At that time the appellant and the first
respondent had reached some accommodation and sought an order by
2.
consent that the appeal be allowed, the order made by Toohey J. be set aside and in lieu thereof it be ordered that the application seeking to set aside the composition be dismissed. The trustee, who appeared by counsel, neither consented to nor opposed the orders sought by the appellant. He did however file an affidavit in which he expressed some concern that the matters raised in the appeal might be disposed of without argument. He also exhibited to the affidavit a copy of a circular sent to creditors advising of the history and the fact that the first respondent proposed to
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