Zohar, Re D.A. Zohar, Ex parte D.A. [1988] FCA 368

IN THE FEDERAL COURT OF AUSTRALIA

) LIMITED DISTRIBUTION

) BANKRUPTCY DISTRICT )

)

)

OF THE STATE OF WESTERN AUSTRALIA

NO. 200 of 1987

RE: DAVID ALAN ZOHAR Bankrupt

EX PARTE: DAVID ALAN ZOHAR

Applicant

MINUTE OF ORDER

JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 11 JULY 1988 WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The composition accepted by the creditors of David Alan Zohar by special resolution passed at a meeting of the

creditors on 7 June 1988 be approved.

2. The bankruptcy of David Alan Zohar be annulled.

Note: Settlement and entry of orders is dealt with in

Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT LIMITED DISTRIBUTION OF AUSTRALIA

) ) BANKRUPTCY DISTRICT ) ) )

OF THE STATE OF WESTERN AUSTRALIA

NO. 200 of 1987

RE: DAVID ALAN ZOHAR Bankrupt

EX PARTE: DAVID ALAN ZOHAR Applicant

CORAM: FRENCH J. 11 JULY 1988

EX _TEMPORE REASONS FOR JUDGMENT

This is an application brought under s.74 of the

Bankruptcy Act 1966 for approval of a composition. The bankrupt

also seeks an order that his bankruptcy be annulled.

Mr Zohar became bankrupt on his own petition on 16 March 1987. The report of the Official Trustee discloses that he is a married man, aged 38 years, and that his wife, Julie Zohar, 35 years, is also a bankrupt. They have one child aged 4 years, who is partly dependent on him for support. He is presently employed as a casual relief teacher with the Education Department, receiving a net wage of $100 per day when on call and otherwise as a mathematics tutor on a net wage of about $300 per week. He pays rent of $130 per week for his residence. The background to his bankruptcy, which is also set out in the report, discloses that he had been employed full time as a teacher with the Education Department for 6 years up until 1983. In June of that year he and his wife began trading in partnership as "Australian School of