Latter, Re J. Ex Parte Hunt Brothers Ltd

[1986] FCA 457

It1 THE FEDERAL COURT OF AUSTRALIA

ClIW ".lUT!-I WALES DISTRICT REGISTRY

GENER.r?L DIVISION

IN THE MATTER of the

Bankruptcy Act 1966

RE : JOHN LATTER

Ex PARTE: HUNT BROTHERS

LIMITED

CORAM: Evatt J

m:	7 0 October 1'386
l=:	Sydney

4.EASONS FOR JUDGMENT

The credltor's petitlon herein whlch was presented sn 18 July

1386 was listed for hearlng on 30 September 1986. When the

matter was called on for hearlng Mr Watson, Sollcltor, appeared for the petltlonlng credltor and Mr Johnson, Sollcltor, appeared

1 for the debtor.

Mr Johnson then Indicated to the Court that

Yesterday (that 1 s 29 September 1986) there was a meeting of

creditors at which a composltlon was approved by those

credltors. My appllcatlon on behalf of the debtor today

would be for the dismlssal of the petltlon. I understand my

friend, Mr Watson, has an appllcatlon regardlng costs.

Mr Johnson then lndlcated that he had flled an affldavlt sworn by

himself that mornmu In the matter. After readlng that afflds-llt

the Court was Informed by Mr Watzon that

My cllent (the petitlonlng credltor) dld not recelve notice

of the (creditor's) meetlnq. However, notwlthstanding that,

I have seen the Statement of Affalrs and glven the facts

'llsclosed In the Statement of Affalrs whlch 1 s exhibited to

m y frlend's affidavlt, my mstructions are to consent to the

dlsmlssal of the petition. However, this 1s the third tlme

In whlch the petition has been llsted f o r hearing. On each

prevlous occaslon the creditor has been ready to proceed.

On being asked as to whether his client had been Fald out, Mr

Watson Indicated that that was not the positlon and that

therefore hls cllent zould rank as an unsecured credltor 13 the

zomposltion. Mr Watson then sought an order for costs and that

those costs be paid In the same prlsrlty as the costs referred to

In the speclal resolution which 1 s acnexure "JTJ 2 " of the

afildavit of Mr Johnson; that 15, an order that the petltioner's

costs be pald In the same prlorlty as the costs of Johnson and CO

as referred	to as Item C	In the speclal resolution ln the Form
36.

The Court noted that the chairman of the sald meetlng of

creditors was one Llndsay Robert Altken and reserved its declslon

In respect of the applicatlon of Mr Johnson.

Havlng considered the matter the Court orders that the petltlon

herem be dismlssed. The petitlonlng credltor 1 s to have an

order that its costs tlncludlng any reserved costs) be pald by

3 .

the debtor. Mr Watson's application that that order for costs Se

q1-Jen some priority In the composltlon is refused, the Court

belnq of the oplnlon that it has no power to make such an order.

I certlfy that this and the id0

precedmg pages are a true copy of the

Reasons for Judgment herein of hls

Honour Mr Justice Evatt .

Assoclate

Dated: 20-10 -86

IN THE FEDERAL COURT OF AUSTRALIA

r m SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

IN THE MATTER of- the

Bankruptcy Act 1966

G: LATTER JOHN

EX FARTE: HUNT EROTHERS

LIMITED

W: Evatt J

IjATE: 7 0 October 1386

PLACE: Sydney

REASONS FOR JUDGMENT

The credltor S petltlon herem whlch was presented on 18 J u l y

1386 was listed for hearmg on 30 September 1386. When the

matter was called on for hearmg Mr Watson, Sollcltor, appeared

f s r the petltlonlng creditor and Mr Johnson, Sollcitor, appeared

for the debtor.

Mr Johnson then indicated to the Court that

Yesterday (that 1 s 23 September 1986) there was a meetlng of

creditors at whlch a composltlon was approved by those

credltors. My application on behalf of the debtor today

would be for the dlsmlssal of the petltion. I understand my

frlend, Mr Watson, has an appllcatlon regarding costs.

3 .

the debtor. MY Watson’s appllcatlon that that order for costs be

qlven some priority in the composltlon 1s refused, the Court

belng of the oplnlon that it has no power to make such an order.

c

I certlfy that thls and the #do

precedmq pages are a true copy of the

Reasons for Judgment herein of hls

Honour Mr Justlce Evatt .

Associate

Dated: i O - l 0 - S 6