Re Tregonning, Michael John v Ex Parte Friends Provident Life Office [1983] FCA 270

Re Tregonning, Michael John v Ex Parte Friends Provident Life Office [1983] FCA 270

Friends' Provident was in fact a creditor in the sum claimed and was entitled to vote. The trustee's exclusion of Friends' Provident from voting was without foundation. Because Friends' Provident's intended vote would have prevented the special resolution, there was no valid special resolution. As a result, the deed of assignment was void.

Parties
Debtor: Michael John Tregonning; Applicant/creditor: Friends' Provident Life Office; Trustee: Ivor Worrell
Jurisdiction
Australia
Judgment Date
14 October 1983
Procedural Posture
Bankruptcy Application / Order After Hearing
Outcome
deed of assignment declared void
Legal Topics
Deed of Assignment, Special Resolution, Proof of Debt, Creditor Voting Rights
Bankruptcy Deed of Assignment Special Resolution Proof of Debt Creditor Voting Rights

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Parties

Michael John Tregonning

Debtor

Friends' Provident Life Office

Applicant/creditor

Ivor Worrell

Trustee

Procedural Posture

Bankruptcy Application / Order After Hearing

Legal Issues

  1. 1 Whether the deed of assignment made between the debtor and trustee was void under s.222 of the Bankruptcy Act 1966
  2. 2 Whether the trustee's decision as chairman to refuse to admit Friends' Provident's proof of debt and its right to vote at the creditors' meeting was correct

Ratio Decidendi

Friends' Provident was in fact a creditor in the sum claimed and was entitled to vote. The trustee's exclusion of Friends' Provident from voting was without foundation. Because Friends' Provident's intended vote would have prevented the special resolution, there was no valid special resolution. As a result, the deed of assignment was void.

Court Disposition

deed of assignment declared void

Orders

  • The deed of assignment executed on 17 May 1983 between Michael John Tregonning and Ivor Worrell is void.