Re

[1989] FCA 260

NOT FOR DISTRIBUTION

IN THE FEDERAL COURT	)
OF AUSTRALIA	)
GENERAL DIVISION	1

BANKRUPTCY DISTRICT 1

OF THE STATE OF	1
WESTERN AUSTRALIA	) NO. 6 of 1989X

RE: LYNTON COLIN VIANT

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Debtor

EX PARTE: ALDEN SON HALSE and

GARRY JOHN TREVOR

Applicants

CORAM :

FRENCH J.

8 MAY 1989

F , 7 : . ?Al. ..

EX TEMPORE REASONS FOR JUDGMENT I - - A I ~ , R Y

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I am satisfied that the original Deed of Arrangement in this matter which was executed on or about 10 March 1989 does not reflect the terms of the special resolution insofar as that special resolution makes provision for payment of the trustee's

fees. I am therefore satisfied that it was not entered into in

accordance with the requirements of Part X of the Act.

It is appropriate, in the circumstances, to declare that deed void. I am not prepared to accede to the request of the applicants that after declaring the deed void, I extend time for execution to enable the execution of a supplementary deed which can only be read together with the original deed, declared void by the effect of this order. That, I think, gives rise to potential

difficulties which are quite unnecessary having regard to the ease with which a new deed embodying the amendments proposed by the supplemental deed can be prepared and executed.

The orders I will make are as follows:

1.    It is hereby declared that the Deed of Arrangement

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entered between the debtor and the applicants on 10

March 1989 is void.

2.   That the time for execution of a Deed of Arrangement in this matter be extended to 15 May

1989.

I certify that this and the preceding

page are a true copy of the Ex Tempore

Reasons for Judgment of his Honour

Justice French.

Associate: L Date: 5. " S .

No appearance for the Debtor

Counsel for the Applicants: Mr K. Dundo

Solicitor for the Applicants: Robinson Cox

Date of Hearing: 8 May 1989

Date of Judgment: 8 May 1989