Re Ringuet, R.F. v. Ex parte Knight, D.W. [1986] FCA 236

Re Ringuet, R.F. v. Ex parte Knight, D.W. [1986] FCA 236

The court has power under s.33(1)(c) of Bankruptcy Act to abridge the time in s.194(1)(b); the procedural handling of the resolution and the voting at the meetings did not render the Deeds of Assignment void; and there was no prejudice or substantial defect affecting the validity of the deeds.

Parties
Applicant/trustee: Desmond William Knight; Respondent/creditor: T.F.D. Joinery Works; Debtor: Ronald Francis Ringuet; Debtor: Jeanette Mary Ringuet
Jurisdiction
Australia
Judgment Date
10 June 1986
Procedural Posture
Bankruptcy Application / Applications by Trustee for Abridgment of Time and Declarations on Validity of Deeds
Outcome
Applications granted
Legal Topics
Part X Arrangement, Meeting of Creditors, Special Resolution, Abridgment of Time, Deed of Assignment Validity
Bankruptcy Part X Arrangement Meeting of Creditors Special Resolution Abridgment of Time Deed of Assignment Validity

Case Brief

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Parties

Desmond William Knight

Applicant/trustee

T.F.D. Joinery Works

Respondent/creditor

Ronald Francis Ringuet

Debtor

Jeanette Mary Ringuet

Debtor

Procedural Posture

Bankruptcy Application / Applications by Trustee for Abridgment of Time and Declarations on Validity of Deeds

Legal Issues

  1. 1 Whether the court has the power to abridge the 14-day period prescribed by s.194(1)(b) of the Bankruptcy Act for calling a meeting of creditors.
  2. 2 Whether the Deeds of Assignment executed by Ronald Francis Ringuet and Jeanette Mary Ringuet are void due to procedural issues at the meetings of creditors.
  3. 3 Whether the chairman's procedure for determining whether a special resolution passed was appropriate.

Ratio Decidendi

The court has power under s.33(1)(c) of Bankruptcy Act to abridge the time in s.194(1)(b); the procedural handling of the resolution and the voting at the meetings did not render the Deeds of Assignment void; and there was no prejudice or substantial defect affecting the validity of the deeds.

Court Disposition

Applications granted

Orders

  • The time provided under s.194(1)(b) abridged to five days in respect of Jeanette Mary Ringuet.
  • The Deed of Assignment executed by Ronald Francis Ringuet on 26 March 1986 is not void.