Re Moloney, Michael Ex parte Field, Jacqueline Heather [1981] FCA 29

Re Moloney, Michael Ex parte Field, Jacqueline Heather [1981] FCA 29

Neither the meeting of creditors nor its chairman was entitled to deny the applicant's proxy the right to vote; the instrument of proxy alone sufficed for proxy attendance and voting, and production of the power of attorney was not additionally required.

Parties
Applicant: Jacqueline Heather Field; Respondent: Michael Moloney
Jurisdiction
Australia
Judgment Date
20 March 1981
Procedural Posture
Bankruptcy Application / Application for Declaration and Sequestration Order
Outcome
declared composition void; application adjourned for further orders
Legal Topics
Composition Under Part X, Creditor Voting, Proxy Appointment, Meeting Procedure
Bankruptcy Composition Under Part X Creditor Voting Proxy Appointment Meeting Procedure

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Parties

Jacqueline Heather Field

Applicant

Michael Moloney

Respondent

Procedural Posture

Bankruptcy Application / Application for Declaration and Sequestration Order

Legal Issues

  1. 1 Whether the chairman or meeting was entitled to deny the proxy the right to vote
  2. 2 Proper construction of s. 200 of the Bankruptcy Act 1966

Ratio Decidendi

Neither the meeting of creditors nor its chairman was entitled to deny the applicant's proxy the right to vote; the instrument of proxy alone sufficed for proxy attendance and voting, and production of the power of attorney was not additionally required.

Court Disposition

declared composition void; application adjourned for further orders

Orders

  • Declared the composition accepted by the meeting of creditors on 7 November 1980 is void as neither the meeting nor its chairman was entitled to deny the proxy the right to vote.
  • Application adjourned to a date to be fixed to determine the questions of a summary sequestration order and costs.