Re: Smiles, James John & Ex Parte: Inspector General in Bankruptcy [1997] FCA 605

Re: Smiles, James John & Ex Parte: Inspector General in Bankruptcy [1997] FCA 605

Section 64ZB(3) does not apply to meetings under Part X of the Bankruptcy Act, as the Act provides its own separate procedures for entitlement of proxies to vote at such meetings, and these do not include a requirement comparable to s 64ZB(3). Therefore, the third respondent was not entitled to exclude the persons in question from voting on the basis that their proxies were not received before the s 64M announcement.

Parties
Applicant: Inspector General in Bankruptcy; First Respondent: James John Smiles; Second Respondent: Geoffrey David McDonald; Third Respondent: Giles Geoffrey Woodgate
Jurisdiction
Australia
Judgment Date
09 July 1997
Procedural Posture
Bankruptcy Application / Determination of Separate Question on Entitlement to Vote at Creditors' Meeting
Outcome
The question is answered 'No'.
Legal Topics
Creditors' Meetings, Proxies, Entitlement to Vote, Bankruptcy Act Interpretation
Bankruptcy Creditors' Meetings Proxies Entitlement to Vote Bankruptcy Act Interpretation

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Parties

Inspector General in Bankruptcy

Applicant

James John Smiles

First Respondent

Geoffrey David McDonald

Second Respondent

Giles Geoffrey Woodgate

Third Respondent

Procedural Posture

Bankruptcy Application / Determination of Separate Question on Entitlement to Vote at Creditors' Meeting

Legal Issues

  1. 1 Whether the third respondent was entitled to exclude certain persons from voting at the adjourned meeting of creditors on the basis that proxies were not received prior to the announcement under s 64M of the Bankruptcy Act 1966 (Cth)

Ratio Decidendi

Section 64ZB(3) does not apply to meetings under Part X of the Bankruptcy Act, as the Act provides its own separate procedures for entitlement of proxies to vote at such meetings, and these do not include a requirement comparable to s 64ZB(3). Therefore, the third respondent was not entitled to exclude the persons in question from voting on the basis that their proxies were not received before the s 64M announcement.

Court Disposition

The question is answered 'No'.

Orders

  • It is declared that the third respondent was not entitled to exclude National Mutual Trustees Limited, Trigamist Holdings Pty Limited, Ironaid Pty Limited, and John Nicolo Cosco from voting at the adjourned creditors' meeting on 1 May 1996 on the specified basis.