Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
French v Wilcox [2001] FCA 95 BANKRUPTCY – composition with creditors – application to set aside composition – evidence also adduced in support of creditors' petition presented prior to the composition – whether creditors have proceeded with the petition in contravention of s 238(2)(a) of the Bankruptcy Act 1966 (Cth) – whether sequestration order can be made on petition after the composition is set aside – whether requirements of Federal Court Rules, O 77 rr 19(3), (4) met.
Bankruptcy Act 1966 (Cth), ss 188, 222, 238, 239, 283. Bankruptcy Act 1924 (Cth), s 161. Federal Court Rules, O 77, rr 19(3), 19(4). Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355, cited. Report of the Committee to Review the Bankruptcy Law of the Commonwealth, 1962. FRENCH v WILCOX & ORS N 1095 of 2000 LEE, CARR & SACKVILLE JJ SYDNEY 22 FEBRUARY 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1095 OF 2000
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: JOHN DESMOND FRENCH
APPELLANT
AND: GRAHAM MILTON WILCOX, ROSANNA WILCOX,
JOHN WILLIAM SPICER, BIRGITTA SPICER
FIRST RESPONDENTS
ANDREW WILEY
SECOND RESPONDENT
GAVIN THOMAS
THIRD RESPONDENT
JUDGES: LEE, CARR & SACKVILLE JJ
DATE OF ORDER: 22 FEBRUARY 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The first respondents' costs of the appeal be paid out of the appellant's estate in accordance with 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
NEW SOUTH WALES DISTRICT REGISTRY N 1095 OF 2000
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