Federal Court of Australia
JUDGMENT No. 2.0 2S.) Ot
CATCHWORDS
BANKRUPTCY - agreement to compromise petitioning creditor's
debt - purported withdrawal from agreement by creditor - bank
cheque tendered several days later - whether enforceable agreement CONTRACT - compromise agreement - whether agreement concluded
prior to formal execution - promise to pay less than debt due in context of compromise of creditor's petition - whether
consideration - whether time of the essence - whether waiver
Briggs v FCT (1986) 12 FCR 310 Carr v J A Berriman Pty Ltd (1953) 89 CLR 327
Foakes v Beer (1884) 9 App Cas 605
Gray v Hedigan (unreported, Federal Court of Australia, Full Court, 7 October 1994)
Kerrison v Martin & Heyward [1975] VR 401
Masters v Cameron (1954) 91 CLR 353
McDermott v Black (1938) 63 CLR 161
Ogle v Comboyuro Investments Pty Ltd (1976) 136 CLR 444
United Scientific Holdings Ltd v Burnley Borough Council [1978] AC 904
Vincent v Premo Enterprises Ltd [1969] 2 QB 609
Re: George Maroun_and Josephine Maroun ex parte; Mineral & Chemical Traders Pty Ltd (No. VP 694 of 1994)
Judge: Heerey J
Date: 11 November 1994 Place: Melbourne RECEIVED 14 NOV 1994 FEDERAL COURT OF AUSTRALIA PRINCIPAL
REGISTRY
IN FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE OF VICTORIA
No.VP 694 of 1994
~~ SS Sw
RE: GEORGE MAROUN and JOSEPHINE MAROUN Debtors - and - Ex parte MINERAL & CHEMICAL TRADERS PTY LTD Creditor JUDGE: Heerey J DATE: 11 November 1994 P. E: Melbourne
MINUTE OF ORDERS
The Courts Orders that:
iq. The application dated 13 September 1994 be dismissed with no order as to costs.
2. The creditor's petition be adjourned to 9.30 am Monday 21 November 1994. 3. Costs of the creditor's petition be reserved. NOTE: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules
IN THE DE T OF AUSTRALIA
ENERAL
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