Nilant v Powell

[2000] FCA 696

FEDERAL COURT OF AUSTRALIA

Nilant v Powell [2000] FCA 696

CHARLES PHILIPPE LOUIS NILANT v WAYNE DAVID POWELL
W7027 OF 2000

FRENCH J
22 MAY 2000
PERTH

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W7027 OF 2000

BETWEEN:	CHARLES PHILIPPE LOUIS NILANT APPLICANT
AND:	WAYNE DAVID POWELL RESPONDENT
JUDGE:	FRENCH J
DATE OF ORDER:	22 MAY 2000
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.That the composition under Part X of the Bankruptcy Act 1966 (“the Act”) of Wayne David Powell be terminated forthwith pursuant to s 242(1) of the Act.

2.That the estate of Wayne David Powell be sequestrated pursuant to s 242(3) of the Act,

3.That Charles Philippe Louis Nilant and Oren Zohar be appointed as joint trustees of the estate.

4.That the applicant’s costs to be taxed and paid out of the said bankrupt estate.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W7027 OF 2000

IN THE MATTER OF WAYNE DAVID POWELL

BETWEEN:	CHARLES PHILIPPE LOUIS NILANT APPLICANT
AND:	WAYNE DAVID POWELL RESPONDENT

JUDGE:	FRENCH J
DATE:	22 MAY 2000
PLACE:	PERTH

REASONS FOR JUDGMENT ON APPLICATION
FOR TERMINATION OF COMPOSITION

1. I am satisfied, having regard to the non-compliance by the debtor with the terms of the composition, that:

   (i)the composition cannot be proceeded without undue delay to the creditors;

   (ii)in any event by reason of the non-compliance with the terms of the composition it ought to be terminated.

2. I am satisfied that having regard to the powers available to the trustee to be exercised in the interests of the creditors it is in their interests that the composition be terminated.  There is at least the possibility of some further recovery which seems remote if the composition is allowed to stay on foot.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice French.

Associate:
Dated:                May 2000

Counsel for the Applicant:	Mr F. Carles
Solicitor for the Applicant:	Carles Solicitors
Counsel for the Respondent:	No Appearance
Date of Hearing:	23 May 2000
Date of Judgment:	23 May 2000