Federal Court of Australia
JUDGMENT No. 4-28.28
NOT FOR DISTRIBUTION
CATCHWORDS
BANKRUPTCY - Composition - approval - failed farming partnership - only prospect of return to creditors - annulment —- to enable extension of activities as consultant - no reason of public
interest or commercial morality to contrary.
Bankruptcy Act 1966
RE: ALAN WILLIAM BAKER and KERRY EMILY BAKER EX PARTE: ALAN WILLIAM BAKER and KERRY EMILY BAKER
No. 611 of 1986
FRENCH J. PERTH
8 AUGUST 1988
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IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
) NOT FOR DISTRIBUTION BANKRUPTCY DISTRICT )
)
)
OF THE STATE OF
WESTERN AUSTRALIA No. 611 of 1986
RE: ALAN WILLIAM BAKER and KERRY EMILY BAKER
Bankrupts
EX PARTE: ALAN WILLIAM BAKER and KERRY EMILY BAKER Applicants
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER: 8 AUGUST 1988
WHERE MADE: PERTH
THE COURT ORDERS THAT:
In each case:-
1. The composition is approved.
2. The bankruptcy is annulled.
Note: Settlement and entry of orders is dealt with in
Rule 124 of the Bankruptcy Rules.
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IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA
NOT FOR DISTRIBUTION
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NO. 611 of 1986
RE: ALAN WILLIAM BAKER and KERRY EMILY BAKER
Bankrupts
EX PARTE: ALAN WILLIAM BAKER and KERRY EMILY BAKER
Applicants
CORAM: FRENCH J.
8 AUGUST 1988
EX TEMPORE REASONS FOR JUDGMENT
The Court has before it applications for approval of compositions accepted by the creditors of Alan William Baker and his wife, Kerry Emily Baker, respectively and cognate applications
under s.74(5) for orders annulling their bankruptcies.
Mr and Mrs Baker became bankrupt on 13 October 1986. The Official Receiver's report, which is not disputed, indicates that assets disclosed on the statement of affairs in the joint estate amounted to $541 and liabilities to $57,600. Proofs of debt actually lodged came to $51,479 with a separate sum of $298 owed to the Commissioner for Taxation in the separate estate of Mr Baker. There were no debts in the separate estate of Kerry Emily
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