Re Feltham, Paul Richard Ex Parte Double Bay Newspapers Pty Ltd & Ors [1996] FCA 234

CATCHWORDS BANKRUPTCY - application for declaration pursuant to s222 of the Bankruptcy Act 1966 (Cth) that a Part X, Deed of Arrangement is void - whether notice necessary in respect of meeting adjourned pursuant to s201 - whether failure to notify "inadvertent omission" - whether failure to notify rendered meeting invalid - meaning of "with respect to" in r85A - extensive interpretation - purpose of application of procedural regime in Part IV to Part X - whether there is anything in s201 to render requirements of s64Y(2) inapplicable to s201 meetings - correspondence and conduct led creditors to believe notice of adjourned meetings would be provided - failure to act in accordance with mutually and reasonably anticipated course of conduct - whether satisfied there is any sufficient discretionary consideration to refuse declaration. DEED OF ARRANGEMENT - procedure - application to declare void - failure to comply with Part X. MEETINGS - meeting of creditors to consider Deed of Arrangement -adjournment - notice - conduct creating an expectation that notice will be given - further information sought as to creditors' entitlement to vote - more than one adjournment required to complete such investigation. Bankruptcy Act1966 (Cth), ss222, 236, 204(1), 188, 189, 189A, 194, 201, s64, 64Y, 63A-64ZE, 64ZF Bankruptcy Rules 1968 (Cth), r85A Bankruptcy Amendment Bill 1991 (Cth) Musolino v Sidiropoulos (1991) 101 ALR 235, considered Re Kleiss; ex parte McDonough (1969) 15 FLR 281, distinguished Re Beames; ex parte Beneficial Finance Corporation Ltd (1985) 7 FCR 216, distinguished Farrow Mortgage Services Pty Ltd (In Liquidation) v Abeyratne (1993) 47 FCR 208, distinguished RE: PAUL RICHARD FELTHAM EX PARTE: DOUBLE BAY NEWSPAPERS PTY LTD & ORS Nos NP 3690 of 1994 and QX 34 of 1995 Tamberlin J Sydney 4 April 1996