Deputy Commissioner of Taxation v Wily [1999] FCA 307

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Wily [1999] FCA 307 BANKRUPTCY – applications seeking orders and declarations that compositions void including sequestration orders against estates of each debtor – whether first respondent complied with essential reporting requirements of s 189A of the Bankruptcy Act 1966 (Cth) – whether relief should be granted under s 239 of the Bankruptcy Act 1966 (Cth)

Bankruptcy Act 1966 (Cth), ss 189A, 222, 239, 242 Re Mills; ex parte Lloyds (1997) 73 FCR 551, applied DEPUTY COMISSION OF TAXATION v ANDREW HUGH JENNER WILY and FREDERICK ANTONIUS MARE NG 7017 of 1998 DEPUTY COMMISSION OF TAXATION v ANDREW HUGH JENNER WILY and JACQUELINE ANNE STEADMAN NG 7018 of 1998 O'CONNOR J SYDNEY

26 MARCH 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 7017 of 1998

BETWEEN: DEPUTY COMMISSIONER OF TAXATION

Applicant

AND: ANDREW HUGH JENNER WILY

First Respondent

FREDERICK ANTONIUS MARE

Second Respondent

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 7018 of 1998

BETWEEN: DEPUTY COMMISSIONER OF TAXATION

Applicant

AND: ANDREW HUGH JENNER WILY

First Respondent

JACQUELINE ANNE STEADMAN

Second Respondent

JUDGE: O'CONNOR J

DATE: 26 MARCH 1999

PLACE: SYDNEY

THE COURT DECLARES THAT: The compositions purported to have been accepted by a special resolution of the creditors of Frederick Antonius Mare and Jacqueline Anne Steadman on 22 December 1997 are void and are set aside. THE COURT ORDERS THAT: 1. The estate of Frederick Antonius Mare be sequestrated pursuant to the provisions of s 43 of the Bankruptcy Act 1966 (Cth). 2. The estate of Jacqueline Anne Steadman be sequestrated pursuant to the provisions of s 43 of the Bankruptcy Act 1966 (Cth). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA