Re Messina, Sam; Ex Parte Westpac Banking Corp [1998] FCA 379

FEDERAL COURT OF AUSTRALIA BANKRUPTCY - application by creditor for an order that a composition made by the debtor be declared void pursuant to Pt X Bankruptcy Act 1966 (Cth) on the ground that the composition had not been accepted by a special resolution of a meeting of creditors pursuant to s 204 of the Bankruptcy Act 1966 (Cth) - whether the creditor was actually a creditor for the purposes of voting at the meeting of creditors - determination of the extent of debtor's indebtedness - whether moneys were advanced or loaned by the creditor to the debtor - differences in claimed debt provided to the trustee, recorded in statement of affairs, account books and tendered as evidence at hearing - s 222(4) of the Bankruptcy Act 1966 (Cth) - whether the debtor gave false or misleading information in answer to a question put to him with respect of his conduct or examinable affairs at the creditors' meeting or failed to disclose material particulars from his statement of affairs or included an incorrect and material particular in the statement in relation to, inter alia, the amount of indebtedness and disclosure of shares in the creditor - extent of materiality required to satisfy s 222(4) - whether conduct of trustee as chairman of meeting of creditors in refusing to adjourn the meeting in order to make enquiries as to the creditor's right to vote and investigate the debtor's property was a failure to discharge his duty.

Bankruptcy Act 1966 (Cth): s 222, s 222(4) Pt X

Wagner v International Health Promotions (1994) 15 ACSR 419 - considered Re Horne; Ex parte Deputy Commissioner of Taxation v Horne and Pratt (unreported, 10 May 1996, Olney J) - considered and applied Re Segal; Lensworth Finance Limited v Segal & Ward (1975) 9 ALR 154 - applied RE: SAM MESSINA; EX PARTE WESTPAC BANKING CORPORATION VX 33 of 1996 GOLDBERG J MELBOURNE 17 APRIL 1998