Re Fischle, D.B. v. Ex parte Fischle, D.B. v. Ramsay, H.D. [1994] FCA 846

JUDGMENT Nov cSt Sonal «Ze

CATCHWORDS

DEED OF ARRANGEMENT .- decision of trustee to close debtor's business - hostility of actions - business operating at a profit - decision not justifiable on a commercial basis.

ankruptcy Act - sections 162, 178, 212A, 235(b)

Re Tyndall [1977] 30 FLR 6 Adsett v. Berlouis & Ors (1992) 47 FCR 201

Re Cjunies-Ross, ex parte Totterdell (1991) 31 FCR 143 Denise Beryl Fischle Ex Parte Denise Beryl Fischle y Hugh David Ramsay

Part X No. 75 of 1993

Kiefel J: Brisbane: 4 November 1994

16 NOV 1994

FEDERAL COURT OF

AUSTRALIA PRINCIPAL REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA ) CY DIVISIO ) BANKRUPTCY DISTRICT OF THE ) STATE OF QUEENSLAND ) Part o. 75 of 199 RE: ENIS EX PARTE: DENISE BER Applicant GH DAV. es t INU OF ORDERS J ORDER: Koefel J DATE OF ORDER: 4 November 1994 WHERE MADE: Bnisbane THE COURT ORDERS THAT: 1. The decision of the respondent, Hugh David Ramsay as trustee of the

Deed of Arrangement made on 10 August 1993 pursuant to Part X of

the Bankruptcy Act 1966 to forthwith close the business namely FISCHLE'S SMASH REPAIRS and situated at 69 Kempster Street,

Sandgate be set aside.

2. The decision of the respondent to terminate the employment of the

employees of FISCHLE'S SMASH REPAIRS be set aside.

3. The decision to refuse to convene a meeting of creditors be set aside and that in lieu thereof IT IS ORDERED that the respondent forthwith

convene a meeting of creditors of the debtor, such meeting to take

place as soon as reasonably practicable.

4. I adjourn further hearing as to the balance of the application to a date

to be fixed by the Registrar after consultation with the parties.

NOTE: Settlement and entry of orders 1s dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) BANKRUPTCY DIVISION ) BANKRUPTCY DISTRICT OF THE ) STATE OF QUEENSLAND )