JUDGMENT NO. ........ ........ .. 6[ 11773 ... . ......
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION BANRUPTCY DISTRICT
OF THE STATE OF OUEENSLAND
No. X84 of L992
RE: MATTHEW JAMES LAWLESS
Debtor
EX PARTE: GRAHAME ELLMAN BROWN
No. P 1961 of 1992
RE: MATTHEW JAMES LAWLESS
MINUTES OF ORDER
JUDGE MAKING ORDER: Cooper J. WHERE W E : Brisbane DATE OF ORDER: 3 February, 1993 THE COURT ORDERS :
1. That the deed of composition entered into by Matthew James Lawless on 17 July, 1992 be terminated.
That a sequestration order be made against the estate of the debtor Matthew James Lawless, and that Robert Thomas Adcock be appointed trustee in bankruptcy of the debtor's estate.
3. That the applicant's costs of and incidental to the application be taxed and be paid as the trustee's costs of and incidental to the administration of the deed, up until the making of this order terminating the deed of composition, and that such costs as trustees costs receive the priority provided for in
5 . 5
section 190(1) of the Bankru~tcv Act.
In relation to the debtor's petition referred by the Deputy Registrar in proceedings QP2961 of 1992, I DIRECT that the Registrar reject the debtor's petition.
Note: Settlement and entry of orders is dealt with in Rule
124 of the Bankrup3cy Rules. n
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IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION BANRUPTCY DISTRICT
OF THE STATE OF OUEENSLAND
No. X84 of 1992
RE: MATTHEW JAMES LAWLESS
Debtor
EX PARTE: GRAHAME ELLMAN BROWN
Applicant
No. P 1961 of 1992
RE: MATTHEW JAMES LAWLESS
CORM : Cooper J.
PLACE : Brisbane m: 3 February, 1993
EXTEMPORE REASONS FOR JUDGMENT
This is an application by Graham Brown, trustee of the estate of Matthew Lawless, pursuant to section 242 of the Bankru~tcv Act for an order that a deed of composition entered into by Mr. Lawless on 17 July, 1992 be terminated and that a sequestration order be made against the estate of Mr. Lawless.
Mr. Lawless appears today and indeed has presented his own debtor's petition, which has also been referred to me by the Registrar. Mr. Lawless advises me that he is not in the position to continue to make the payments contemplated by the deed of composition. In the material which has been filed by the trustee he deposes to the fact there has been default in relation to the payments contemplated by the composition.
Accordingly, the circumstances are made out which would enliven the jurisdiction of the court to make an order if it were so minded. The material discloses that there has been no distribution of any sums paid to the trustee by M r . Lawless to any creditor at this time.
It seems to me in all the circumstances that the interests of the creditors will not be disadvantaged by the making of the orders sought. Indeed it would seem that their interests are best protected by having the estate of Mr. Lawless sequestrated and dealt with by a trustee in bankruptcy.
THE COURT ORDERS :
That the deed of composition entered into by Matthew James Lawless on 17 July, 1992 be terminated.
2. That a sequestration order be made against the estate of the debtor Matthew James Lawless, and that Robert Thomas Adcock be appointed trustee in bankruptcy of the debtor's estate.
3.
That the applicant's costs of and incidental to the application be taxed and be paid as the trustee's costs of and incidental to the administration of the deed, up until the making of this order terminating the deed of composition, and that such costs as trustees costs receive the priority provided for in section 190(1) of the Bankruotcv Act.
In relation to the debtor's petition referred by the
Deputy Registrar in proceedings QP2961 of 1992, I DIRECT that the Registrar reject the debtor's petition.
I certify that this and the two (2) preceding pages are a true copy of the reasons for judgment herein of the Honourable Mr. Justice Cooper.
Date : 22 February, 1993
}'l/ l ( , " / L i C l < t r L ~ a Associate
Applicant in Person: Mr. Lawless Solicitor for Respondent: Mr. D.G. Bourke of Baker &
Co. (for Brown)Hearing Date: 3 February, 1993
- AGLC
- Re Lawless, M.J. Ex Parte Brown, G.E [1993] FCA 61
- Case
- [1993] FCA 61
- Decision Date
CaseChat Overview and Summary
The court considered that the interests of the creditors would not be disadvantaged by the termination of the deed of composition and the making of a sequestration order. The material filed by the trustee disclosed that there had been a default in the payments contemplated by the composition and no distribution of any sums paid by the debtor to the trustee had been made to any creditor at that time. Therefore, the court found that the circumstances were such that it had jurisdiction to make the orders sought.
Accordingly, the court ordered that the deed of composition be terminated, a sequestration order be made against the debtor's estate, and Robert Thomas Adcock be appointed trustee in bankruptcy of the debtor's estate. The court also directed that the applicant's costs of and incidental to the application be paid as the trustee's costs of and incidental to the administration of the deed, up until the making of this order terminating the deed of composition, and that such costs as trustees costs receive the priority provided for in section 190(1) of the Bankruptcy Act. In relation to the debtor's petition referred by the Deputy Registrar, the court directed that the Registrar reject the debtor's petition.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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