Arcuri v Jones, in the matter of Arcuri [2003] FCA 68

FEDERAL COURT OF AUSTRALIA

Arcuri v Jones, in the matter of Arcuri [2003] FCA 68

BANKRUPTCY – bankrupt lodges with trustee in bankruptcy purported proposal for a composition or scheme of arrangement – purported effect of proposal, if accepted, would be to deny trustee the benefit of the régime provided by Bankruptcy Act 1966 (Cth) for determination of amount of trustee's remuneration and would confine amount of remuneration to a "small" sum of $2,000 – whether trustee should be ordered to convene meeting of creditors to consider proposal – whether proposal bona fide – whether proposal would "subordinate, override or neutralise" the provisions of the Act in relation to the trustee's remuneration.

Bankruptcy Act 1966 (Cth), ss 73, 162 Bankruptcy Regulations, reg 8.08

Re Cook; Ex parte The Registrar of the Court of Bankruptcy (1931) 3 ABC 225, cited Re Bellis (1959) 20 ABC 80, followed Re Alam's Deed of Arrangement (1932) 4 ABC 98, followed Re Bendel; Ex parte Bendel v Pattison (1997) 80 FCR 123, followed IN THE MATTER OF SALVATORE ARCURI

SALVATORE ARCURI v MICHAEL JONES (AS TRUSTEE

OF THE BANKRUPT ESTATE OF SALVATORE ARCURI)

N 7363 of 2002 LINDGREN J 4 FEBRUARY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7363 OF 2002

IN THE MATTER OF SALVATORE ARCURI

BETWEEN: SALVATORE ARCURI

APPLICANT

AND: MICHAEL JONES AS TRUSTEE OF THE BANKRUPT ESTATE OF SALVATORE ARCURI

RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 4 FEBRUARY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant's motion brought by notice of motion filed on 17 January 2003 be dismissed. 3. The applicant pay the respondent's costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.