Worrell, Ivor v Cash, Ronald K [1995] FCA 902

CATCHWORDS BANKRUPTCY - Meetings of creditors - Eligibility for election to preside as chairman - Any person physically present at the meeting is eligible to preside. COSTS - Error of law in exercise of discretion - Whether appellant's costs should be costs in the administration of the bankrupt's estate - No order made as to costs. Bankruptcy Act 1966 (Cth) - ss 30, 63A(2), 64J(3), 64P(2), 196(1). Bankruptcy Rules 1968 (Cth) - r 85A. IVOR WORRELL v RONALD K CASH QG 148 of 1995 RYAN, FOSTER & SACKVILLE JJ. BRISBANE 8 NOVEMBER 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) QUEENSLAND DISTRICT REGISTRY ) QG 148 OF 1995 ) GENERAL DIVISION )

AN APPEAL from an order of a single judge of the court made on 7 September 1995 on an application made pursuant to section 30 of the Bankruptcy Act

BETWEEN: IVOR WORRELL Appellant AND: RONALD K CASH Respondent CORAM: RYAN, FOSTER & SACKVILLE JJ PLACE: BRISBANE DATE: 8 NOVEMBER 1995

MINUTE OF ORDER THE COURT ORDERS:

1. That the appeal be dismissed. NOTE:Settlement and entry of orders is dealt with in O 36 of the Rules of the Federal Court of Australia.

IN THE FEDERAL COURT OF AUSTRALIA ) ) QUEENSLAND DISTRICT REGISTRY ) QG 148 OF 1995 ) GENERAL DIVISION )

AN APPEAL from an order of a single judge of the court made on 7 September 1995 on an application made pursuant to section 30 of the Bankruptcy Act

BETWEEN: IVOR WORRELL Appellant AND: RONALD K CASH Respondent CORAM: RYAN, FOSTER & SACKVILLE JJ PLACE: BRISBANE DATE: 8 NOVEMBER 1995

REASONS FOR JUDGMENT (Extempore) THE COURT: This is an appeal from an order of a single judge of the court made on 7 September 1995 on an application made pursuant to s 30 of the Bankruptcy Act 1966 (Cth) ("the Act") for certain declarations in respect of a meeting of creditors of Ronald Kevin Cash held on 18 July 1995. After refusing the debtor's application for those declarations which was made against Mr Worrell who had been elected chairman of the meeting, the learned primary judge made a sequestration order against the estate of the debtor. She declined to make any order for costs in favour of Mr Worrell and it is against that exercise of discretion that the present appeal is brought.