Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v Zappia [2019] FCA 2152 File number: NSD 2117 of 2018
Judge: JAGOT J
Date of judgment: 19 December 2019
Catchwords: BANKRUPTCY – application to set aside a composition - terms of agreement unreasonable – terms not calculated to benefit creditors generally – possibility of greater return to creditors –private arrangements made with creditors – more extensive investigation into the bankruptcy required – application allowed
Legislation: Bankruptcy Act 1966 (Cth) ss 73, 76B, 222, 222(1), 222A, 222B, 222C, 222D, 224 and 224A
Cases cited: Augustyn v Putnin (1988) 83 ALR 514 Deputy Commissioner of Taxation v Alternative Business Solutions (Aust) Pty Ltd (Administrators Appointed) [2006] FCA 400 ET Fisher & Co Pty Ltd v English, Scottish and Australian Bank Ltd [1940] HCA 42; [1941] ALR 1 Grocon Constructors Pty Ltd v Kimberley Securities Ltd [2009] NSWSC 541 Moran v Robertson [2012] FCA 371 Re Mills; Ex parte Lloyd's (1997) 73 FCR 551
Date of hearing: 10 December 2019
Registry: New South Wales
Division: General
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 16
Solicitor for the Applicant: Mr K Metlej of Craddock Murray Neumann Lawyers
Solicitor for the First Respondent: Mr T Hall of Hall Partners
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