Re Alty, I.C. & Anor v. Ex parte Muir, T.G. [1985] FCA 682

Re Alty, I.C. & Anor v. Ex parte Muir, T.G. [1985] FCA 682

The deed of assignment was declared invalid because the proxies did not expressly authorize Mr. Harper to vote for appointing his employer, Mr. Partridge, as trustee, as required by s. 199 of the Bankruptcy Act 1966.

Parties
Debtor: Ian Clifford Alty; Debtor: Cheryl Jov Alty (deceased); Trustee Appointed Under Deed (disputed): John Ramsay Paul Partridge; Applicant/official Trustee in Bankruptcy: Brian Thomas Gregory Muir
Jurisdiction
Australia
Judgment Date
03 December 1985
Procedural Posture
Bankruptcy / Application for Declaration and Release of Debtor's Property
Outcome
declaration the deed of assignment is invalid; order releasing debtor's property from control; no order as to costs
Legal Topics
Deed of Assignment, Proxy Voting, Trustee Appointment, Release of Debtor's Property
Bankruptcy Deed of Assignment Proxy Voting Trustee Appointment Release of Debtor's Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Ian Clifford Alty

Debtor

Cheryl Jov Alty (deceased)

Debtor

John Ramsay Paul Partridge

Trustee Appointed Under Deed (disputed)

Brian Thomas Gregory Muir

Applicant/official Trustee in Bankruptcy

Procedural Posture

Bankruptcy / Application for Declaration and Release of Debtor's Property

Legal Issues

  1. 1 Whether the deed of assignment entered into pursuant to a creditors' meeting was valid given the form of proxy and compliance with statutory provisions
  2. 2 Whether it is appropriate to make an order releasing the debtors' property from control

Ratio Decidendi

The deed of assignment was declared invalid because the proxies did not expressly authorize Mr. Harper to vote for appointing his employer, Mr. Partridge, as trustee, as required by s. 199 of the Bankruptcy Act 1966.

Court Disposition

declaration the deed of assignment is invalid; order releasing debtor's property from control; no order as to costs

Orders

  • The deed of assignment entered into by Cheryl Jov Alty (deceased), Ian Clifford Alty and John Ramsay Paul Partridge on 14 May 1983 is not valid as s. 199 of the Bankruptcy Act 1966 was not complied with.
  • On the application of Ian Clifford Alty, order made for release of debtor's property from control, as per application filed 3 December 1985.