Burke v BARTHOLOMEUSZ
[2005] FMCA 1197
•16 August 2005
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| BURKE v BARTHOLOMEUSZ & ANOR | [2005] FMCA 1197 |
| BANKRUPTCY – Declaration that a resolution is not void. |
| Bankruptcy Act 1966, ss.204(3), 215A |
| Applicant: | JOHN CHRISTOPHER BURKE |
| Respondents: | DAVID BARTHOLOMEUSZ & ANNE ELIZABETH BARTHOLOMEUSZ |
| File Number: | SYG2125 of 2005 |
| Judgment of: | Raphael FM |
| Hearing date: | 16 August 2005 |
| Date of Last Submission: | 16 August 2005 |
| Delivered at: | Sydney |
| Delivered on: | 16 August 2005 |
REPRESENTATION
| Counsel for the Applicant: | Mr J Johnson |
| Solicitors for the Applicant: | Sally Nash & Co |
ORDERS
Orders made in accordance with Short Minutes.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG2125 of 2005
| JOHN CHRISTOPHER BURKE |
Applicant
And
| DAVID BARTHOLOMEUSZ and ANNE ELIZABETH BARTHOLOMEUSZ |
Respondent
REASONS FOR JUDGMENT
In this matter an application has been made to me pursuant to s.215A(2) of the Bankruptcy Act 1966 (the ‘Act”) to make a declaration that a resolution is not void merely because a proposed trustee did not give written consent before a meeting of creditors to act as trustee of a personal insolvency agreement as required by ss.215A and 204(3) of the Act.
I have been provided by Mr Johnson with an affidavit of John Christopher Burke, the registered Trustee, explaining the situation and I note that the consent was in fact, signed on 23 June, the day of the meeting but after the meeting.
I have seen the poll results of the voting at the meeting and I am satisfied that the only dissenting voter, is St George Bank in an amount of some $2,000 odd in an estate with total debts of some $260,000 odd, would not be prejudiced by my making this declaration. The situation is the same in respect of both debtors, a husband a wife, and my views are equally the same.
I make orders in accordance with the short minutes initialled by me and placed with the papers.
I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date:
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