Wald, Re M. Lyford & Anor, Ex Parte M [1986] FCA 653

Wald, Re M. Lyford & Anor, Ex Parte M [1986] FCA 653

As there is no conduct prior to or during bankruptcy warranting refusal, and no opposition from creditors or the public, the bankruptcy should be annulled following approval of the composition.

Parties
Bankrupt: Marx Wald; Trustee/applicant: Maurice Hodgson Lyford; Trustee/applicant: Rodney Michael Evans
Jurisdiction
Australia
Judgment Date
24 December 1986
Procedural Posture
Bankruptcy Application / Application for Annulment Following Approval of Composition
Outcome
Annulment of bankruptcy granted
Legal Topics
Annulment of Bankruptcy, Composition, Court Discretion, Commercial Morality, Public Interest
Bankruptcy Annulment of Bankruptcy Composition Court Discretion Commercial Morality Public Interest

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Parties

Marx Wald

Bankrupt

Maurice Hodgson Lyford

Trustee/applicant

Rodney Michael Evans

Trustee/applicant

Procedural Posture

Bankruptcy Application / Application for Annulment Following Approval of Composition

Legal Issues

  1. 1 Whether the bankruptcy should be annulled following approval of the composition under s.74 of the Bankruptcy Act 1966

Ratio Decidendi

As there is no conduct prior to or during bankruptcy warranting refusal, and no opposition from creditors or the public, the bankruptcy should be annulled following approval of the composition.

Court Disposition

Annulment of bankruptcy granted

Orders

  • The bankruptcy of the Bankrupt be and is hereby annulled.