Re Schuppan, D.M. & Anor v. Ex parte Daly, C.T. [1985] FCA 162

Re Schuppan, D.M. & Anor v. Ex parte Daly, C.T. [1985] FCA 162

The Deed of Assignment dated 19 February 1985 was not void because the procedures complied with the provisions of the Bankruptcy Act 1966. The meeting of creditors was valid, the execution of the Deed by joint debtors was permissible, and the only creditors present were joint creditors, so there was no conflict or non-compliance with statutory requirements.

Parties
Debtor: David Mark Schuppan; Debtor: Barbara Schuppan; Trustee: Christopher Thomas Daly
Jurisdiction
Australia
Judgment Date
24 April 1985
Procedural Posture
Bankruptcy Application / Application for Order Regarding Validity of Deed of Assignment
Outcome
The Deed of Assignment is not void.
Legal Topics
Part X Deeds of Assignment, Validity of Deed Under Bankruptcy Act 1966
Bankruptcy Part X Deeds of Assignment Validity of Deed Under Bankruptcy Act 1966

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Parties

David Mark Schuppan

Debtor

Barbara Schuppan

Debtor

Christopher Thomas Daly

Trustee

Procedural Posture

Bankruptcy Application / Application for Order Regarding Validity of Deed of Assignment

Legal Issues

  1. 1 Whether the Deed of Assignment dated 19 February 1985 executed by the joint debtors is void under Part X of the Bankruptcy Act 1966 due to the meeting of joint and several creditors being jointly called rather than separately

Ratio Decidendi

The Deed of Assignment dated 19 February 1985 was not void because the procedures complied with the provisions of the Bankruptcy Act 1966. The meeting of creditors was valid, the execution of the Deed by joint debtors was permissible, and the only creditors present were joint creditors, so there was no conflict or non-compliance with statutory requirements.

Court Disposition

The Deed of Assignment is not void.

Orders

  • Declaring that Deed of Assignment dated 19 February 1985 executed by the debtors is not void.