Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mango Boulevard Pty Ltd v Whitton; In the matter of Spencer (Bankrupt) [2011] FCA 418 Citation: Mango Boulevard Pty Ltd v Whitton; In the matter of Spencer (Bankrupt) [2011] FCA 418
Parties: MANGO BOULEVARD PTY LTD ACN 101 544 601 and BMD HOLDINGS PTY LIMITED ACN 010 093 349 v ROBERT WILLIAM WHITTON, RICHARD WILLIAM SPENCER and SILVANA PEROVICH
File number: VID 1183 of 2010
Judge: LOGAN J
Date of judgment: 29 April 2011
Catchwords: BANKRUPTCY AND INSOLVENCY – composition meetings – directions sought by trustee about whether to call a meeting of creditors to consider composition proposals of the second and third respondents – where trustee had not completed composition reports – whether meeting was to be postponed until after substantive hearing – substantive proceeding involves challenge to removal of former trustee and challenge to extension of bankruptcy period upon the objection of new trustee – whether Court had a discretion to order that such a meeting not occur until after hearing and determination of substantive proceeding –where outcome of substantive proceedings may render meeting and any resolution for annulment futile – Court has discretion to order that a composition meeting not occur – meeting postponed until after hearing of the substantive proceeding
Legislation: Bankruptcy Act 1966 (Cth) ss 30, 58, 73, 73A, 74, 76B, 134, 139U, 139WA, 149, 149D, 153A, 154, 178, 222
Cases cited: Ansett Australia Ground Staff Superannuation Plan Pty Ltd v Ansett Australia Ltd (2004) 49 ACSR 1 cited Clyne v Deputy Commissioner of Taxation (1984) 154 CLR 589 cited In re J Burn Ex parte E N de V Dawson, H T McClennan, and The Trustee [1932] 1 Ch 247 considered Quinn v Official Trustee in Bankruptcy (1996) 63 FCR 136 followed Arcuri v Jones; in the matter of Arcuri [2003] FCA 68 followed Re Bendel; Ex parte Bendel and Others v Pattison (1997) 80 FCR 123 considered Wenkart v Pantzer (2003) 1 ABC (NS) 236 cited Vale v Sutherland (2009) 237 CLR 638 cited
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