Re Emmanuel George Doukidis Ex Parte Consolidated Construction Pty Ltd v. Melsom, P.M. [1985] FCA 289

Re Emmanuel George Doukidis Ex Parte Consolidated Construction Pty Ltd v. Melsom, P.M. [1985] FCA 289

Omission of material particulars from the debtor's statement of affairs justified setting aside the composition as it was not reasonable or beneficial to creditors. The Court extended time for the application under para. 33(1)(c), and set aside the composition pursuant to s.239(1); s.222 was unavailable as the final payment had already been made; s.242 was inapplicable to the circumstances.

Parties
Debtor: Emmanuel George Doukidis; Applicant: Consolidated Constructions Pty. Ltd.; Trustee/respondent: Peter Michael Melsom
Jurisdiction
Australia
Judgment Date
26 June 1985
Procedural Posture
Bankruptcy Application / Application to Set Aside Composition, Orders Made
Outcome
Composition set aside; time for application extended
Legal Topics
Composition With Creditors, Setting Aside Composition, Omission of Material Particulars, Extension of Time for Application
Bankruptcy Composition With Creditors Setting Aside Composition Omission of Material Particulars Extension of Time for Application

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Parties

Emmanuel George Doukidis

Debtor

Consolidated Constructions Pty. Ltd.

Applicant

Peter Michael Melsom

Trustee/respondent

Procedural Posture

Bankruptcy Application / Application to Set Aside Composition, Orders Made

Legal Issues

  1. 1 Whether omission of Part V from debtor's statement of affairs is a material particular under Bankruptcy Act s.222
  2. 2 Whether the application to set aside composition was made within time, and if not, whether time should be extended under Bankruptcy Act para. 33(1)(c)
  3. 3 Whether terms of composition are unreasonable and not calculated to benefit creditors under Bankruptcy Act s.239

Ratio Decidendi

Omission of material particulars from the debtor's statement of affairs justified setting aside the composition as it was not reasonable or beneficial to creditors. The Court extended time for the application under para. 33(1)(c), and set aside the composition pursuant to s.239(1); s.222 was unavailable as the final payment had already been made; s.242 was inapplicable to the circumstances.

Court Disposition

Composition set aside; time for application extended

Orders

  • Time for making application under s.239(1) of Bankruptcy Act 1966 extended until 28 December 1984
  • Composition made by Emmanuel George Doukidis on 17 September 1984 set aside pursuant to s.239(1) of Bankruptcy Act 1966