Official Trustee (in the matter of Van) [1999] FCA 1056

FEDERAL COURT OF AUSTRALIA

Official Trustee (In the matter of Van) [1999] FCA 1056

OFFICIAL TRUSTEE (IN THE MATTER OF FRANCIS EVERARD VAN) N7696 OF 1999 EMMETT J 20 JULY 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N7696 OF 1999

IN THE MATTER OF FRANCIS EVERARD VAN

BETWEEN: OFFICIAL TRUSTEE

Applicant

JUDGE: EMMETT J

DATE OF ORDER: 20 JULY 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The debt agreement entered into by Francis Everard Van be terminated pursuant to s185Q of the Bankruptcy Act 1966. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N7696 OF 1999

IN THE MATTER OF FRANCIS EVERARD VAN

BETWEEN: OFFICIAL TRUSTEE

Applicant

JUDGE: EMMETT J

DATE: 20 JULY 1999

PLACE: SYDNEY

EX TEMPORE REASONS FOR JUDGMENT 1 I have before me an application by the Official Trustee for an order terminating a debt agreement entered into by Francis Everard Van ("the Debtor") pursuant to section 185Q of the Bankruptcy Act 1966 (Cth) ("the Act"). 2 On 5 November 1998, the Debtor submitted a proposal for a debt agreement pursuant to Part IX of the Act. The proposal was generally as follows:

· By 30 June 2000, the Debtor was to pay an amount sufficient to pay creditors at the rate of $500 per month, the first payment to be made one month after acceptance of the proposal.

· The Debtor indicated that, after payment to the Official Trustee of an amount of $260 as a fee for administering the debt agreement, payments would be made as follows: