Re Green, Ian McKeague & Anor v Green, Ian McKeague & Anor [1995] FCA 910

CATCHWORDS

BANKRUPTCY - Arrangements with Creditors without Sequestration - whether Trustee wrongly admitted proof of debt and permitted party to vote as a creditor on a resolution for a Deed of Arrangement - whether the failure by the debtor to disclose the existence of a creditor's petition to the meeting of creditors should result in the Deed being declared void under s 222 of the Bankruptcy Act 1966. Bankruptcy Act 1966 - s 188, s 222 Re: McLean; Ex parte Friends' Provident Life Office (1992) 108 ALR 360 Equus Financial Services Limited v James Lyfti Sabry and Anor (Unreported, 15 September 1994) RE: IAN McKEAGUE GREEN; EX PARTE GEOFFREY ASHBY v IAN McKEAGUE GREEN and GILES GEOFFREY WOODGATE AS TRUSTEE OF THE ESTATE OF IAN McKEAGUE GREEN No. NX 98 of 1994 FOSTER J 29 AUGUST 1995 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. NX 98 of 1994 ) BANKRUPTCY DIVISION ) RE: IAN McKEAGUE GREEN Debtor

EX PARTE: GEOFFREY ASHBY Applicant

AND: IAN McKEAGUE GREEN First Respondent AND: GILES GEOFFREY WOODGATE AS TRUSTEE OF THE ESTATE OF IAN McKEAGUE GREEN Second Respondent CORAM: FOSTER J DATE: 29 AUGUST 1995 PLACE: SYDNEY MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The application be dismissed.

2. The applicant pay the costs of this application. Note: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. NX 98 of 1994 ) BANKRUPTCY DIVISION ) RE: IAN McKEAGUE GREEN Debtor

EX PARTE: GEOFFREY ASHBY Applicant

AND: IAN McKEAGUE GREEN First Respondent AND: GILES GEOFFREY WOODGATE AS TRUSTEE OF THE ESTATE OF IAN McKEAGUE GREEN Second Respondent CORAM: FOSTER J DATE: 29 AUGUST 1995 PLACE: SYDNEY REASONS FOR JUDGMENT (Extempore) HIS HONOUR: This is an application under s 222 of the Bankruptcy Act 1966 ("the Act") for a declaration that a Deed of Arrangement made under Part X of the Act on 22 August 1994 between the first respondent, Ian McKeague Green ("the debtor") and, the second respondent, Giles Geoffrey Woodgate ("the Trustee") is void.