Hughes v Holbrook [1999] FCA 665

FEDERAL COURT OF AUSTRALIA

Hughes v Holbrook [1999] FCA 665 BANKRUPTCY – sequestration order - creditors special resolution requiring execution of deed of arrangement - whether sufficient cause for non-execution - debtors allege that proposal put forward without their authority - debtors allege that terms of deed unable to be complied with - whether controlling trustee has standing to make application - trustee's remuneration - whether discretion should be exercised in any event Bankruptcy Act 1966 (Cth)Part X, ss 188, 189A, 204, 216, 221(1)(b), 236(1)(b), 257 Vaccaro v Mann (1991) 30 FCR 214 Re Morris; Ex parte Kelly (1939) 11 ABC 152 Sandell v Porter (1966) 115 CLR 666

DEREK HUGHES and SANDRA ANNE HUGHES v KIM DAVID HOLBROOK

WG 7138 of 1998

WG 7139 of 1998

BOON JR

20 MAY 1999

PERTH IN THE FEDERAL COURT OF AUSTRALIA WG 7138 of 1998

WESTERN AUSTRALIA DISTRICT REGISTRY WG 7139 of 1998

BETWEEN: DEREK HUGHES and SANDRA ANNE HUGHES

Applicants (Respondents)

AND: KIM DAVID HOLBROOK

Respondent (Applicant)

JUDGE: BOON JR

DATE OF ORDER: 20 MAY 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. A sequestration order be made against the estate of Derek Hughes and Sandra Anne Hughes. 2. Mr Holbrook be appointed as trustee of the estate of Derek Hughes and Sandra Anne Hughes subject to a consent to act being filed today. 2. Mr Holbrook's costs of and incidental to both applications including reserved costs be taxed and paid out of the estate. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA WG 7138 of 1998

WESTERN AUSTRALIA DISTRICT REGISTRY WG 7130 of 1998

BETWEEN: DEREK HUGHES and SANDRA ANNE HUGHES

Applicants (Respondents)

AND: KIM DAVID HOLBROOK