Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bendigo and Adelaide Bank Limited v Clout [2016] FCA 119 File number: SAD 26 of 2015
Judge: WHITE J
Date of judgment: 18 February 2016
Catchwords: BANKRUPTCY AND INSOLVENCY – application to set aside composition between bankrupts and creditors under s 73 of the Bankruptcy Act 1966 (Cth) – consideration of grounds in s 222(1) of the Bankruptcy Act in setting aside composition – whether terms of composition unreasonable or not calculated to benefit the creditors generally – whether composition ought to be set aside for any other reason Held: composition set aside
Legislation: Bankruptcy Act 1996 (Cth) ss 5, 64D, 64ZA, 73, 74, 76B, 81, 120, 125, 178, 222, 263
Cases cited: Clarke (as trustee of the Clarke Family Trust) v Great Southern Finance Pty Ltd (Receivers and Managers Appointed) (in liq) [2014] VSC 516 Khera v National Australia Bank Ltd [1996] FCA 1050; (1996) 71 FCR 133 Kukler; ex parte National Australia Bank Ltd v Kukler [1998] FCA 1165; (1998) 87 FCR 352 Loane v Gold Ribbon (Accountants) Pty Ltd [2004] FCA 537 Moran v Robertson [2012] FCA 371 New Age Constructions (NSW) Pty Ltd v Etlis [2013] FCA 884 Re Mills; Ex parte Lloyd's [1997] FCA 223; (1997) 73 FCR 551 Spicer v Wily [2000] FCA 1200 Staples v Milner [1998] FCA 466; (1998) 83 FCR 203 Westpac Banking Corporation v Hingston (No 2) [2010] FCA 1116
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