Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fielder v Cooper (Trustee), in the matter of Dunham (Bankrupt) [2017] FCA 357 File number: SAD 321 of 2016
Judge: WHITE J
Date of judgment: 7 April 2017
Catchwords: BANKRUPTCY AND INSOLVENCY – application sought a declaration that a proof of debt of a creditor should not have been accepted by the trustee for voting purposes at a creditors' meeting – ss 82 and 64ZA of the Bankruptcy Act 1966 (Cth) considered – the debts claimed did not have to be "due and payable" to be provable in the bankruptcy proceedings – trustee was permitted to act in a summary way in determining the creditor's entitlement to vote – the evidence indicated that the admission of the disputed debt for voting purposes was not inappropriate HELD – application dismissed
Legislation: Bankruptcy Act 1966 (Cth) Part X, ss 82, 84, 102, 178, 181, Part IV, s 64ZA Bankruptcy Regulations 1996 (Cth) Sch 4A
Cases cited: Starkey v Rondo Building Services Pty Ltd [2005] FCA 1081 Re Dingle; Westpac Banking Corporation v Worrell (1993) 47 FCR 478 Kerr (Trustee) in the matter of Cross (Bankrupt) v Bechara [2015] FCA 284 Sutherland v Jatkar [2014] FCA 532
Date of hearing: 15 March 2017
Registry: South Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 59
Counsel for the Applicants: E Belperio
Solicitor for the Applicants: Christie & Associates Solicitors
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