Spicer v Wily [2000] FCA 1200

FEDERAL COURT OF AUSTRALIA

Spicer v Wily [2000] FCA 1200

bankruptcy – part X Composition with creditors – whether composition should be set aside or declared void – where the controlling trustee had not adequately investigated the claims of creditors – where the controlling trustee failed to inform all known creditors of the Part X meeting – where the controlling trustee's report failed to list all the debtor's shareholdings and directorships LEGAL PRACTITIONERS – conflict of interest – a debtor entered into a composition with creditors under Part X of the Bankruptcy Act 1966 – solicitor who had recently and regularly acted for the debtor was the controlling trustee of the composition – solicitor also a creditor of the debtor Bankruptcy Act 1966 (Cth) Part X, ss 239 and 221(1) Re Mills: Ex parte Lloyd's (1997) 73 FCR 551 followed Stedman v Deputy Commissioner of Taxation [2000] FCA 336 followed

IN THE MATTER OF JOHN FRENCH JOHN SPICER, BIRGITTA SPICER AND ROSSANA WILCOX v ANDREW WILY AS THE CONTROLLING TRUSTEE OF THE COMPOSITION OF JOHN FRENCH AND JOHN FRENCH N 7054 OF 2000

IN THE MATTER OF JOHN FRENCH GRAHAM WILCOX, ROSSANA WILCOX AND JOHN SPICER AND BIRGITTA SPICER v JOHN FRENCH N 8095 OF 1999 TAMBERLIN J SYDNEY 30 AUGUST 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7054 OF 2000

IN THE MATTER OF JOHN FRENCH

BETWEEN: JOHN SPICER, BIRGITTA SPICER

AND ROSSANA WILCOX

APPLICANTS

AND: ANDREW WILY AS THE CONTROLLING TRUSTEE OF THE COMPOSITION OF JOHN FRENCH

FIRST RESPONDENT

JOHN FRENCH

SECOND RESPONDENT