Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lofthouse (Trustee) v Stirling [2008] FCA 1936
BANKRUPTCY – breach of Personal Insolvency Agreement – meeting of creditors to consider termination of agreement – whether requisite declaration of trustee that debtor in default sufficiently formal – signature by agent – failure to use word "satisfied" Bankruptcy Act 1966 (Cth) ss 63B(1), 134(4), 222A, 222B, 222D, 306(1) Cordiant Communications (Australia) Pty Ltd v The Communications Group Holdings Pty Ltd (2005) 194 FLR 322 referred to McRae v Coulton (1986) 7 NSWLR 644 at 663 applied O'Reilly v Commissioners of the State Bank of Victoria (1983) 153 CLR 1 applied Dal Pont GE, Law of Agency (2nd ed, LexisNexis Butterworths, 2008) DAVID JAMES LOFTHOUSE (TRUSTEE) v MATTHEW JAMES STIRLING
VID 880 of 2008
HEEREY J
19 DECEMBER 2008
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 880 of 2008
BETWEEN: DAVID JAMES LOFTHOUSE (TRUSTEE)
Applicant
AND: MATTHEW JAMES STIRLING
Respondent
JUDGE: HEEREY J
DATE OF ORDER: 19 DECEMBER 2008
WHERE MADE: MELBOURNE
THE COURT DIRECTS THAT:
1. The Personal Insolvency Agreement executed by the respondent on 2 May 2008 was terminated by a resolution of the respondent's creditors on 30 September 2008.
THE COURT ORDERS THAT:
2. The parties file and serve written submissions as to costs within seven days. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 880 of 2008
BETWEEN: DAVID JAMES LOFTHOUSE (TRUSTEE)
Applicant
AND: MATTHEW JAMES STIRLING
Respondent
JUDGE: HEEREY J
DATE: 19 DECEMBER 2008
PLACE: MELBOURNE
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