Re Gleeson, William John Ex Parte Queensland Druggists Ltd [1984] FCA 480

Re Gleeson, William John Ex Parte Queensland Druggists Ltd [1984] FCA 480

No affidavit or other evidence was provided to persuade the court that it would be for the advantage of creditors for the debtor's affairs to be administered under a deed pursuant to a meeting called under Part X. Therefore, the mere execution of the Part X authority was insufficient; adjournment was refused.

Parties
Debtor: William John Gleeson; Petitioning Creditor: Queensland Druggists Limited
Jurisdiction
Australia
Judgment Date
26 November 1984
Procedural Posture
Bankruptcy Petition / Application for Adjournment of Hearing of Creditor's Petition
Outcome
Application for adjournment refused
Legal Topics
Adjournment of Bankruptcy Petition, Part X Authority, Creditors' Meeting, Sequestration Order
Bankruptcy Adjournment of Bankruptcy Petition Part X Authority Creditors' Meeting Sequestration Order

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Parties

William John Gleeson

Debtor

Queensland Druggists Limited

Petitioning Creditor

Procedural Posture

Bankruptcy Petition / Application for Adjournment of Hearing of Creditor's Petition

Legal Issues

  1. 1 Whether the hearing of the creditor's petition for a sequestration order should be adjourned due to the debtor executing a Part X authority under the Bankruptcy Act 1966 (Cth) enabling a registered trustee to call a meeting of creditors

Ratio Decidendi

No affidavit or other evidence was provided to persuade the court that it would be for the advantage of creditors for the debtor's affairs to be administered under a deed pursuant to a meeting called under Part X. Therefore, the mere execution of the Part X authority was insufficient; adjournment was refused.

Court Disposition

Application for adjournment refused

Orders

  • The debtor's application for an adjournment be refused