Macks as trustee of the Property of Balnaves v Ardalich [1999] FCA 679

FEDERAL COURT OF AUSTRALIA

Macks as trustee of the Property of Balnaves v Ardalich [1998] FCA 679 BANKRUPTCY – removal of trustee by creditors under s 181 Bankruptcy Act 1966 (Cth) – whether seven days' notice required of resolution. BANKRUPTCY – application to set aside resolution of creditors' meeting to remove trustee – scope of Court's power under s 30 Bankruptcy Act 1966 (Cth) – test to be used whether to exercise power under s 30 – whether impropriety on the part of certain creditors. Bankruptcy Act 1914 (UK) s 105 Bankruptcy Act 1966 (Cth) ss 30, 64(1), 64(2), 64B, 64G, 64T, 64W, 156A(4), 159(1), 160, 177(1), 178, 179 and 181 Myer Queenstown Garden Plaza Pty Ltd v Corporation of the City of Port Adelaide (1975) 11 SASR 504 considered Re Burn; ex parte Dawson, McClellan and The Trustee [1932] 1 Ch 247 considered Re Crawford (deceased); Ex parte The Trustee, The Official Receiver and Autoterms Ltd (1943) 13 ABC 201 applied

In the matter of PETER JOHN BALNAVES

PETER IVAN MACKS as trustee of the Property of PETER JOHN BALNAVES and THE INSPECTOR GENERAL IN BANKRUPTCY v ALEXANDER ARDALICH, ALLAN THOMAS, JOHN PARSONS, JANE TERESA CUMMINGS as trustee for the BALNAVES FAMILY TRUST and JEAN MAVIS BALNAVES S 7071 OF 1999 MANSFIELD J ADELAIDE 21 MAY 1999

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 7071 OF 1999

In the matter of PETER JOHN BALNAVES

BETWEEN: PETER IVAN MACKS

as trustee of the Property of

PETER JOHN BALNAVES A Bankrupt

First Applicant

THE INSPECTOR GENERAL IN BANKRUPTCY

Second Applicant

AND: ALEXANDER ARDALICH

First Respondent

ALLAN THOMAS

Second Respondent

JOHN PARSONS

Third Respondent