Re Lees, Edwin David Ex Parte Young, Grant Charles

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I N THE FEDERAL COURT OF AUSTRALIA )

1

GENERAL

D I V I S I O N

j

1

BANKRUPTCY DISTRICT OF THE STATE ) No. NSW 352X of 1984

)

OF NEW SOUTH WALES AND THE

) )

AUSTRALIAN CAPITAL

TERRITORY

)

-

Re :

EDWIN DAVID LEES

A debtor

Ex par te :

GRANT CHARLES YOUNG

A

c red i to r

O R D E R

JUDGE MAKING ORDER:

Neaves, J.

DATE OF ORDER:

31 August

1984

WHERE MADE:

Canberra

THE COURT ORDERS THAT:

1.

The deed o f arrangement executed

by the

debtor on 6 A p r i l 1977 i s declared to

be

void.

2.

A sequestrat ion order

i s made

against

t h e e s t a t e

of

the debtor .

3 .

It i s dec lared tha t

M r Robert Yeomans,

a

r eg i s t e red t rus t ee ,

i s the t ru s t ee

of

t h e e s t a t e

of

the debtor .

C

.

I N THE FEDERAL COURT OF AUSTRALIA )

)

GENERAL

DIVISION

1

)

BANKRUPTCY DISTRICT OF THE STATE

) No. NSW 352X of

1984

)

OF NEW SOUTH WALES A N D THE

)

)

AUSTRALIAN CAPITAL TERRITORY

)

-

Re :

E D W I N

D A V I D

LEES

A

d e b t o r

Ex

p a r t e :

GRANT CHARLES YOUNG

A

c r e d l t o r

CORAM:

-

Neaves

J .

DATE

31 August

1984

REASONS

FOR

JUDGMENT

T h l s

1 s

a n a p p l l c a t l o n b y G r a n t C h a r l e s

Young

( " t h e a p p l l c a n t " ) t h a t

a

d e e d o f a r r a n g e m e n t e x e c u t e d b y

Edwln

Davld

Lees

( " t h e deb to r " ) on

6

A p r l l

1 9 8 4

p u r s u a n t

t o

Pa r t

X

of

t h e B a n k r u p t c y

A c t

1 9 6 6

( " t h e

Act") be

d e c l a r e d v o l d u n d e r s u b - s e c t l o n

2 2 2 ( 4 )

o f t h e

Act

o r b e

t e r m l n a t e d

u n d e r

s u b - s e c t l o n

2 3 6 ( 1 )

t…

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Details
Case
[1984] FCA 261
Decision Date

CaseChat Overview and Summary

The case of Re Lees, Edwin David Ex Parte Young, Grant Charles was heard in the Federal Court of Australia. The applicant, Grant Charles Young, sought to have a deed of arrangement executed by the debtor, Edwin David Lees, declared void and for a sequestration order to be made against the debtor's estate. The court was required to decide whether the debtor had provided misleading information during the meeting of creditors and whether there was any material omission in the statement of his affairs. After reviewing the evidence and arguments presented by both parties, the court found that the debtor had indeed provided misleading information regarding his financial position and the transfer of property. The court also found that the omission of the debtor's interest in his late father's estate was not material. As a result, the deed of arrangement was declared void, and a sequestration order was made against the debtor's estate. Additionally, Mr. Robert Yeomans, a registered trustee, was declared as the trustee of the debtor's estate.

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