In the Matter of Roberts, Harley Warren; Roberts, Harley Warren [1998] FCA 216

In the Matter of Roberts, Harley Warren; Roberts, Harley Warren [1998] FCA 216

Section 188(4) is intended to prevent misuse by debtors but, in this case, evidence shows the applicant's motivation is not to frustrate creditors but to resolve the situation; therefore, leave should be granted.

Parties
Applicant: Harley Warren Roberts; Registered Trustee: Richard Campbell Brien; Creditor: AGC; Creditor: Advance Bank
Jurisdiction
Australia
Judgment Date
03 March 1998
Procedural Posture
Bankruptcy Application / Interlocutory Application for Leave Under S 188(4)
Outcome
leave granted
Legal Topics
Authority to Call Meeting of Creditors, Leave of Court Under S 188(4), Deed of Assignment
Bankruptcy Authority to Call Meeting of Creditors Leave of Court Under S 188(4) Deed of Assignment

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Parties

Harley Warren Roberts

Applicant

Richard Campbell Brien

Registered Trustee

AGC

Creditor

Advance Bank

Creditor

Procedural Posture

Bankruptcy Application / Interlocutory Application for Leave Under S 188(4)

Legal Issues

  1. 1 Whether leave should be granted to the applicant to give a further authority under section 188(4) of the Bankruptcy Act 1966 (Cth) within six months.

Ratio Decidendi

Section 188(4) is intended to prevent misuse by debtors but, in this case, evidence shows the applicant's motivation is not to frustrate creditors but to resolve the situation; therefore, leave should be granted.

Court Disposition

leave granted

Orders

  • The debtor, Harley Warren Roberts, have leave under section 188(4) of the Bankruptcy Act 1966 (Cth) to give an authority to Richard Campbell Brien to call a meeting of his creditors.