Federal Court of Australia
v JUDGMENT. No. \S\. 18S
CATCHWORODS
BANKRUPTCY - Composition - Secured creditor valuing security and proving for balance - Final dividend paid - Subsequent application by secured creditor to amend estimated value due to sale of mortgaged property for substantially increased amount ~ Whether right to seek leave to amend "at any time" is available after completion of composition - Whether receipt of money from debtor by secured creditor after acceptance of composition and outside its terms is a matter to be considered - Distinction
between partnership and separate estates in relation to composition. Bankruptcy Act 1966 (C'th) 5.92.
WESTPAC BANKING CORPORATION v G.V. MORTON No. WAG 112 of 1987
BOWEN C.J., FORSTER and LEE JJ. PERTH
29 APRIL 1988
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
weer
No. WAG 112 of 1987 ON APPEAL from a
Single Judge ot the Federal Court of Australia
BETWEEN: WESTPAC BANKING CORP. Appellant and
G.V. MORTON
Respondent
MINUTE OF ORDER
JUDGES MAKING ORDER H BOWEN C.J., FORSTER and LEE JJ. DATE OF ORDER t 29 APRIL 1988 WHERE MADE 2 PERTH
THE COURT ORDERS THAT
The appeal be dismissed with costs.
Note: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WAG 112 of 1987
ON APPEAL from a
single Judge of the Federal Court of Australia
BETWEEN: WESTPAC BANKING CORP. Appellant and G.V. MORTON
Respondent
CORAM: BOWEN CJ, FORSTER and LEE JJ 29 April 1988
REASONS FOR JUDGMENT THE COURT:
In 198C G.V. and D.P. Morton carried on business, apparently in partnership, as restaurateurs. During that year Mr.
and Mrs. Morton, were customers of a branch of the Westpac Banking
Corporation ("the Bank") and they borrowed funds from the Bank as
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate